1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 676 OF 2010 Yashwant Ramchandra Vaidu ... Applicant Versus The State of Maharashtra & Anr. ... Respondents. ... Mr. S.V. Kotwal, with Shri Ashish Sawant, for the Applicant. Mr. K.V. Saste, APP for the State. CORAM : D.G. KARNIK, J. DATED : 9th March 2010 P.C. 1. Heard. 2. By this application the applicant seeks bail in connection with C.R. No.211 of 2009 registered at Faraskhana Police Station, Pune, for an offence punishable under sections-396,397, and 212 read with section-120-B of the IPC, sections-3 and 27 of the Arms Act and sections-37 and 135 of Bombay Police Act. 3. On 26.9.2009 at about 9.30 a.m. four persons armed with knifes and revolvers, entered into the office of Patel Ishwardas Bichhaldas Courier Services and are alleged to have committed theft 2 dacoity of Rs.14,900/- from the office of the Courier. While committing dacoity, one of the accused fired four rounds of bullets out of which two bullets hit the Manager Shri Dilipbahi Gajjar, one bullet hit another employee and fourth bullet was fired at the ceiling. The manager Shri Dilip Gajjardied of the bullet injuries. 4. After investigation ten persons have been arrested and are charged with the offence. The present applicant is alleged to be one of the persons who entered the office of the Courier service where the dacoity were committed. Two employees in the office are the eyewitnesses. Test identification parade was held when none of the employees has identified the applicant though other co-accused has been identified. Other evidence available against the applicant is only circumstantial. 5. In the circumstances, the applicant can be granted bail. Hence, I pass the following order: i) The applicant be released on bail on his executing P.R. Bond of Rs.25,000/- with two solvent sureties of the lime amount. ii) Within 48 hours of release, the applicant shall co- operate with the concerned police station and provide his residential address, residential telephone number and 3 mobile number and shall intimate any change therein within 48 hours of the change. iii) The applicant shall record his presence at the concerned police station on every Monday till the conclusion of the trial. iv) The applicant shall not give threat to any of the prosecution witnesses. Breach of any of the conditions shall result in cancellation of bail. (D.G. KARNIK,J.)