abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4019 OF 2007 Harishchandra Kedarnath Yadav .. Applicant V/s C.B.I, S.C.B., Mumbai & Anr. .. Respondents Mr.R.U. Singh for the applicant. Mrs.Heena P. Shah for respondent no.1. Mrs. M.M. Deshmukh, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 6TH FEBRUARY 2008 P.C. P.C. P.C. : 1. Heard. 2. By this application, the applicants seek bail in respect of a crime registered by the C.B.I. as C.R. No.RC-3/S/2007-Mumbai for the alleged offence punishable under sections 366A, 372 and 120-B of the Indian Penal Code and sections 4, 5 and 7 of the Immoral Traffic (Prevention) Act, 1956. 3. Counsel for the parties state that this bail - 2 - application pertains to the same crime (C.R. No.3/S/2007) registered by C.B.I.) in respect of which the other co-accused have made an application for bail bearing No.3873 of 2007. By a reasoned order passed today, that application has been allowed. The facts have been stated in detail therein and hence they are not repeated here. The only distinguishing feature between that application and this is that one of the considerations for grant of bail in that application was that the applicants therein were women and therefore entitled to benefit of the proviso to section 437(1)(ii) of the Cr.P.C. That benefit is not available to the present applicant. However, the other feature in favour of the applicant herein is that he has not been named in the FIR. The FIR only refers to a bearded Yadav - a driver of an auto rickshaw. Learned counsel for the applicant states that the applicant is arrested on the assumption that he is the said bearded Yadav, a rickshaw driver. No material has been brought on record to show that the applicant is that Yadav. No identification parade was held and the applicant has not been identified by anybody. This is an additional fact in favour of the applicant. 4. In the circumstances, I am inclined to grant bail to the applicant on terms and conditions similar to the one imposed in the order passed in Criminal - 3 - Application No.3873 of 2007. Hence, I pass the following order:- ORDER ORDER ORDER The applicant be released on bail in respect of the offence mentioned above on his executing personal bond of Rs.30,000/- with two sureties in the like amount subject to the following conditions: (a) The applicant shall file an undertaking in this Court that he shall not make any inducement or threats to any of the prosecution witnesses and shall not indulge in any offence while on bail. (b) The applicant shall inform his residential address to the CBI, Belapur within 7 days of his release and shall not change his residence without prior intimation to the CBI. (c) The applicant shall attend the office of CBI, Belapur once a week on every Monday between 10.00 a.m. and 12.00 noon. . Application is disposed of. - 4 - (D.G. KARNIK, J.)