1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5336 of 2009 Nitesh Niwas Singh ... Applicant versus The State of Maharashtra ... Respondent ... Mr. O.A. Pandey i/b M/s.Pandey & Co.for the appliant. Ms.Padma Tatode for the original complainant. Mr.S.A.Shaikh APP for the State. CORAM : D.G. KARNIK, J. DATED : 14th January 2010 P.C. 1. Heard. 2. By this application, the applicant seeks bail in connection with C.R.No.424 of 2009 registered with Goregaon police station for offences punishable u/s.408, 420, 465, 467, 468, 471, 472 and 201 of the IPC. 3. The applicant was working in Siddharth Security and Detective Force (for short “complainant company) as a Manager. The Complainant Company lodged First Information Report on 30th October 2009 alleging that the applicant had fraudulently prepared false record 2 showing excess number of watchmen employed, recovered money from the customers for the excess number of watchmen and has misappropriated the money. 4. The applicant was arrested on 30th October 2009 itself and has been in jail since then. Application made by the applicant for bail was rejected by the Sessions Court by an order dated 18th April 2009. 5. The application was rejected by the Sessions Judge on the ground that there was sufficient evidence on record to implicate the applicant with the crime. In my view, that alone cannot be the only ground for rejection of the bail. If there is no material evidence then that may be the case of discharge. It is only when there is a material evidence that the Court proceeds further. 6. In the present case, the evidence against the applicant appears to be entirely documentary viz preparing of false records, showing excess number of watchmen employed than the actual number of watchmen employed. That evidence is in possession of the complainant company. The possibility of the applicant tampering with the evidence is therefore ruled out. Nearly 2 ½ months have passed and investigation must have been completed or nearing completion. 7. In the facts and circumstances of the case, applicant deserves to be granted bail subject to certain conditions to ensure his presence for trial. Hence, I pass the following order:- 3 O R D E R Applicant be released on bail on executing personal bond of Rs. 30,000/- with one or two sureties for the aggregate amount of Rs. 30,000/- subject to a condition that the applicant shall report his attendance to the concerned police station once a month on 1st to 5th day of each British Calendar Month till the conclusion of the trial. (D.G. KARNIK,J.)