abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3875 OF 2007 Sunil Antu Nikam .. Applicant V/s The State of Maharahstra .. Respondent Mr.M.S. Karnik for the applicant. Mr.Rajesh More, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 30TH JANUARY 2008 P.C. P.C. P.C. : 1. Heard. 2. The applicant seeks bail in connection with the crime registered with Ozar Police Station, Nasik under C.R. No.84/2007 punishable under sections 395, 397, 392 and 506 of the Indian Penal Code. 3. The prosecution case in short is that Vikas Ramchandra Khare (hereinafter referred to as "the complainant"), who was working as a Manager in Bharat Gas Agency, in the evening of 30th June 2007 was - 2 - travelling on a scooter with a rexine bag containing Rs.1,53,000/- being the cash collected by sale of cooking gas cylinders. At that time, two unknown persons came from behind on a Hero Honda Splendour motorbike and stopped the complainant. The pillion rider sitting on the Hero Honda bike assaulted the complainant with a wooden rod took away the rexine bag containing money from the front dicky of the scooter of the complainant and fled. The complainant thereafter came home, called the owner of the gas agency, went to the police station and lodged the FIR. 4. The police carried out the investigation and arrested two persons, viz. Sanjay Ramesh Kamble and Kunal Balkrishna Dengle. They are alleged to be the persons who were travelling on the Hero Honda Splendour motorbike, and had committed the robbery. The police also found that 8 other persons were also involved in the robbery and the applicant is one of the eight accomplices. 5. Mr.Karnik, learned counsel for the applicant, submitted that the FIR mentions that there were only two persons involved in the robbery. The applicant is not one of them and has not been identified as such. The two persons, who travelled on the motor bike, stopped the applicant’s scooter and committed the robbery, are - 3 - different persons. It is only on the basis of the suspicion that the applicant has been arrested. He had no role to play. No recovery has been made from the applicant. 6. Taking into consideration the fact that the applicant is not one of the two persons who were travelling on the Hero Honda bike at the relevant time, and that he has not been named in the FIR which mentions only two persons committed the robbery and also the fact that there is no material at this stage positively connecting the applicant to the crime, in my view, the applicant is entitled to bail. Hence, I pass the following order:- ORDER The applicant be released on bail in connection with the offence mentioned above on his executing a personal bond of Rs.30,000/- with two sureties in the like amount. (D.G. KARNIK, J.)