{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1728 OF 2010 1. Jitendra s/o Sahebrao Fulpagare Age-24 years, Occ-Labour 2. Nilesh s/o Baburao Fulpagare Age-22 yeasr, Occ-Labour Both R/o Bhoigalli, Old Dhule, Tq and Dist-Dhule APPLICANTS VERSUS The State of Maharashtra RESPONDENT ....... Mr. P.S.Paranjape, Advocate for the applicants Mr. K.S.Patil, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 8th June 2010 PER COURT: 1. By the present application, the applicants have prayed to release them on bail in connection with CR No.62/2010 registered with Devpur police station, Dhule for an offence punishable u/s 143 to 149, 504, 506(2), 395 of the Indian Penal Code, as they are arrested on 16th April 2010 and thereafter, after {2} completion of investigation charge sheet has been filed on 17th May 2010 during the pendecny of the present criminal application. 2. Heard learned counsel for the applicant followed by learned APP. 3. It appears that the present offence came to be registered on the complaint of one Ganesh Prasad Gupta r/o Jharkhand. It is alleged that the complainant has installed a shop of imitation jewelry in a fair in the river bed at Dhule near Ekvira Devi Temple. It is further alleged that in the night between 15th and 16th April 2010, some 7 persons came to his shop and forcibly removed cash from his pocket and some imitation jewelery. Within some hours thereafter, all the 7 accused came to be accosted by the police. At the instance of applicant No.2, after recording his statement u/s 27 of the Evidence Act, 5 Government Currency Notes of Rs.500/- denomination and some imitation jewelry, which was concealed under the bridge was recovered. Initially, application for regular bail was moved before the Additional Sessions Judge, Dhule, who allowed application of 5 applicants and rejected the application of the present applicants and hence they are before this Court. 4. Learned counsel for the applicants has asserted that a person from Jharkhand, who is staying temporarily must not be in a position to know the names of local farmers, who are cultivating {3} water melons in the river bed. Secondly, it is contended that so far as the incident is concerned the same has occurred during the night between 15th and 16th April 2010 and within some hours of the incident, all the 7 accused were arrested and within some hours thereafter the alleged stolen property is recovered from an open place and not from the person of the applicants. In the premise, filing of a false case to implicate the applicants cannot be ruled out and hence prayed to release the applicants on bail. 5. Learned APP opposed the application. 6. Considering the rival submissions it is clear that the alleged evidence against the applicants is recovery of Government Currency notes and some imitation jewelry at the hands of applicant No.2. However, it is to be noted that the place from where the said recovery has been effected as the recovery is effected from an open place which is easily accessible to any one. In the premise, prima facie false implication of the applicants cannot be ruled out and hence case is made out to enlarge the applicants on bail. 7. In the result, the application is allowed. Both the applicants be released on bail in connection with CR No.62/2010 registered with Devpur police station, Dhule on their furnishing surety in the sum of Rs.15,000/- each and on executing PR bonds in the like amount. The applicants are directed not to leave the local jurisdiction of Devpur police station till the disposal of the {4} trial without prior permission in writing from the IO concerned. Application stands disposed of accordingly. [A.V.POTDAR, J.] drp/B10/criapln1728-10