IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE CRIMINAL APPLICATION NO. 3041 OF 2008 CRIMINAL APPLICATION NO. 3041 OF 2008 CRIMINAL APPLICATION NO. 3041 OF 2008 Shri Mansingh Ramlakhan Rathor. ... Applicant. V/s. The State of Maharashtra. ... Respondent. Ms.Sonali S. Bhagat for the applicant. S.S.Pednekar, A.P.P. for the State. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 21st October 2008. DATED: 21st October 2008. DATED: 21st October 2008. P.C.: P.C.: P.C.: ---- ---- ---- . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in connection with C.R.No.I-46/2007 registered with Tokawade Police Station, Murbad for the offences punishable under sections 399, 402 of Indian Penal Code and sections 3, 25(1)(A) of the Arms Act. Learned A.P.P. has opposed this application. 3. The learned counsel appearing for the applicant submits that earlier application for bail, moved by the applicant along with other co-accused being Criminal Application No.690/2008 was rejected so far as present applicant- accused is concerned merely on the ground that he was not resident of Thane/ Maharashtra. He is from Uttar Pradesh and that no evidence was placed on record with respect to his local contacts. 4. Now, the affidavit of one Shri Sureshkumar Bhikarilal Chakravarti residing at Madhu Mope Chawl, Saralgaon, taluka- Murbad, district- Thane is filed on record. He claims to be one of the relatives and employer of the applicant- accused. He further states on oath that the applicant- accused was working with him as a helper in his bakery shop and that after being released on bail he will again join his bakery shop. He undertakes to keep him present in the Court regularly. 5. In the above view of the submission and the factual completion of investigation, the applicant be enlarged on bail on P.R.Bond of Rs.25,000/- and surety of Shri Sureshkumar Bhikarilal Chakravarti in the sum of Rs.25,000/-, subject to the following conditions: (a) The applicant, arrested in connection with C.R.No.I-46/2007 registered with Tokawade Police Station, Murbad, Thane shall be enlarged on bail on furnishing surety of Shri - 3 - Sureshkumar Bhikarilal Chakravarti in the sum of Rs.25,000/- in addition to personal bond of the applicant- accused. (b) The applicant shall report to the concerned Police Station once in a week, i.e. on every Monday between 3.00 to 5.00 p.m. and shall not leave the Thane District till conclusion of the trial. He shall co-operate with the investigating agency for disposal of the case. (c) The order of bail will be given effect only after the applicant furnishes to the investigating officer the details about his place of residence and address where he proposes to stay after he is enlarged on bail. The applicant will not change his residential address thereafter till the conclusion of trial without prior intimation to the investigating officer. (d) The applicant shall not directly or indirectly, make any inducement or threat or pressurise any prosecution witnesses and shall - 4 - not in any manner tamper with the prosecution evidence. (e) It is needless to mention that breach of any of the conditions by the applicant shall result in cancellation of bail. (f) Any observation made in this order shall not be construed as finding or expression on merits of the case at the time of trial. 6. Application stands disposed of accordingly. JUDGE JUDGE JUDGE