1appln-2778-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No. 2778 of 2010 Sudhakar Virendra Singh .. Applicant. vs. The State of Maharashtra .. Respondent. Mr K.S. Patil, for the Applicant. Mr S. N. Gavade, A.P.P.,for the State. CORAM:- A.R. JOSHI, J. DATE :- 20TH JULY, 2010. P.C.:- 1. Heard rival submissions for some time on this application for regular bail preferred by the applicant for his release on bail during the pendency of the trial in connection with C.R. No. I-169 of 2010 registered by Manikckpur Police Station for the offence punishable under Sections 307, 324, 323, 427, 504, 506 of I.P.Code, rioting and ransacking of shops and other vehicles parked on the road. 2. In fact, terror and riot like situation was allegedly created by more than 20/25 persons on the spot during the incident and allegedly the applicant was one of the members of such an unlawful assembly. The incident happened on 2appln-2778-10 22.5.2010 and on the next day present applicant was put under arrest. Admittedly, his name is not mentioned in the F.I.R. though allegedly the applicant was not stranger to the first informant. In the supplementary statement of the first informant recorded on the next day, name of the present applicant was taken and apparently there is identification of the present applicant as one of the members of the unlawful assembly and such identification was done when the applicant was in the police custody at the police station. As such, admittedly, there is no test identification parade conducted. Nothing is recovered at the instance of the present applicant. Though the offence alleged against the accused persons is of serious nature, role attributed to the present applicant and as to prima facie material available against him is required to be taken into consideration while deciding the present application for bail. In doing so, it must be said that during the pendency of the matter, the applicant can be released on bail on certain conditions as to attendance to the concerned police station. In the result, the following order:- ORDER: (a) Bail application is allowed. (b) The applicant arrested in C.R. No.I-169/2010 with Manikpur Police Station, Thane, shall be released on bail on executing a P.R. bond in the sum of Rs.15,000/- with one surety in the like amount . © After availing the bail the applicant shall attend concerned police station once in a week on every Monday between 10-00 a.m., to 12.00 noon till filing of the charge- sheet. 3appln-2778-10 (d) Any observations made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. (A.R.JOSHI,J)