BA-702-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.702 OF 2011 Upendrakumar Shyambahadur Singh ... Applicant V/s. The State of Maharashtra, Thru' Manor Police Station ... Respondent Mr. R.D. Suryawanshi for the Applicant. Mrs. S.D. Shinde, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 9 TH AUGUST, 2011. P.C. : 1. Heard. 2. Copy of the Charge-Sheet tendered by Mr. Suryawanshi, the learned Advocate for the Applicant, is taken on record. With the assistance of the learned Advocate for the Applicant and the learned APP for the Respondent- State, I have glanced through the Charge-Sheet. 3. One Ramesh Bhujad - father of the First Informant - died a homicidal death in the night between 13th March, 2011 and 14th March, 2011. His dead body was found lying in the campus of Totem Company. The Driver working in the said Company one Mojeep Khan and three Watchmen were found to be missing. The First Informant, therefore, suspected that they had murdered his father. BA-702-11.sxw 2 Dixit 4. My attention is drawn to certain statements recorded during investigation in support of the contention that not only the present Applicant and other accused, but even some others working in the Company had also left the same because of the fear of facing assault by the villagers. My attention is drawn to the statement of one Abhishek Shivavatar, which exonerates the present Applicant and even the other accused, except the Driver Mojeep Khan - the Accused No.1 - who is absconding. This statement has been recorded on 12th May, 2011 and, apparently, has been signed by the said witness. Why the witness was made to sign the statement recorded in the course of investigation is mysterious. However, even if this statement is ignored, the fact remains that there is no material to connect the Applicant with the alleged offence, except the suspicion felt by the First Informant by reason of the dead body having been found in the precincts of Totem Company. There is no other incriminating material against the Applicant. There is also no motive brought on record for committing the alleged offence. 5. Considering the nature of material, on the basis of which the Applicant has been arrested and detained, I am inclined to release him on bail. 6. The Bail Application is allowed. 7. The Applicant is ordered to be released on bail in the sum of Rs.50,000/-, with one surety in like amount, or two sureties in the sum of Rs.25,000/- each. [A.M. THIPSAY, J.]