BA.1565-2011.sxw acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1565 OF 2011 Nikhil Gopal Niungare ..Applicant. Vs. The State of Maharashtra ..Respondent. ----- Mr. S.V. Marvadi i/b V.V. Katti, for the Applicant. Mrs. A.A. Mane, A.P.P. for the State. ---- CORAM: M.L. TAHALIYANI, J. DATED: OCTOBER 07, 2011. P.C.: 1. The applicant is one of the accused in Crime No.133 of 2011 registered at Goregaon (East) Police Station. He is accused of offences punishable under Sections 452, 395 and 397 of I.P.C. The alleged dacoity had taken place at room no.49,50, Surve Industrial Estate, Sonawala Street, Goregaon (East), Mumbai. The total value of the stolen property is around Rs.63,14,900/-. The applicant is alleged to have taken active part in the offence. The applicant has been arrested on the basis of facts revealed during the course of interrogation of the co-accused. 1 BA.1565-2011.sxw 2. The place where the applicant was staying was raided by the police and search was taken. During the course of search, the property worth rupees more than three lacs was recovered by the police. 3. The evidence on the basis of which the charge against the applicant is sought to be proved is recovery of the property and identification. As far as the identification parade is concerned, it is stated in the F.I.R. that faces of some of the culprits were masked. In view thereof, the identification of the applicant in the identification parade becomes highly questionable. It, therefore, follows that even if the applicant is identified during the course of trial, it may not of much value. In view of the fact that the evidence against the applicant appears to be of very weak nature, I am inclined to grant bail to the applicant. I have also considered the age of the applicant. The applicant had just crossed the age of juvenility. In my view, it is just and proper that the applicant does not remain in the company of hardened criminals during the course of trial. It is also possible that he may get benefit of Section 4 of the Probation of Offenders Act. 2 BA.1565-2011.sxw 4. It is made clear that the trial court shall not get influenced by any of the observations made by this court in the present order. 5. For all these reasons, I pass the following order: (i) The applicant be released on bail in the sum of Rs. 20,000/- with one solvent surety in the like amount or two solvent sureties of Rs.10,000/- each in lieu of one solvent surety of Rs.20,000/-. (ii) The applicant shall not leave the territorial jurisdiction of Greater Mumbai and Thane district without prior permission of the trial court. 5. The bail application stands disposed of accordingly. (M.L. TAHALIYANI, J.) 3 BA.1565-2011.sxw 4