1 BA 497-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.497 OF 2011 WITH CRIMINAL APPLICATION NO.172 OF 2011 IN BAIL APPLICATION NO.497 OF 2011 Shailesh Sharad Kulkarni ..Applicant V/s. The State of Maharashtra ..Respondent Mr.Subhash Jha i/b. M/S.LAW GLOBAL, Advocate, for the Applicant Mr.Y.M.Nakhawa, APP, for the Respondent  State Mr.Ganesh Gole, Advocate, for the Intervenor CORAM : R.C.CHAVAN, J. DATE : 27TH APRIL, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for bail by one Shailesh, who has been arrested in connection with C.R.No.I-149 of 2009 for the offence punishable under Sections 302, 307, 427, 141 to 149, 120B, 323, 504 & 506 of the Indian 2 BA 497-2011 Penal Code and read with Sections 3, 25, 7 & 27 of the Arms Act, read with Section 37(1), 135 of the Bombay Police Act registered with Shivajinagar Police Station, Ambernath, District Thane on 6th December, 2009. Investigation is complete and charge sheet has been filed. The role attributed to the applicant in the FIR is that he along with Mahendra Bhoir, Jitu Bhoir & Madhu Bhoir had asked the first informant to come to Rana Roy's Petrol pump where Madhu Bhoir had called the first informant at the instance of Rana & Guddu. Thereafter, the applicant is alleged to have been present when the assault took place. The applicant was present along with one Arun & Jitu Bhoir as well as Pradeep Dubey. The application for bail filed by Arun & Jitu Bhoir came before the Hon'ble Shri Justice A.R.Joshi. He rejected the said application. Since co-accused Pradeep Dubey, who was also present at the time of assault applied for bail, his bail application bearing 3 BA 497-2011 Cri.Appln.No.33 of 2011 came before the Hon'ble Shri Justice J.H.Bhatia, who allowed the said application on 3rd February, 2011. The learned Counsel for the applicant submits that apart from the fact that applicant was merely present and he is not shown to have participated in the assault, there is nothing on record which dis-entitles the applicant to bail, since co-accused Pradeep Dubey has already been bailed out. The learned Counsel for the first informant points out that there is difference in the role of Pradeep and the present applicant Shailesh in as much as Pradeep had not gone to call the first informant at the site whereas the present applicant was also a part of the the three persons, who were supposed to have called the first informant and deceased to the site. The prosecution has itself given up the story of conspiracy. Therefore, the relevance or importance of the applicant's presence in calling the first informant and victim to the 4 BA 497-2011 site would be substantially reduced. In any case, since the applicant was merely present either at the time of calling victim and the first informant or at the time of assault and he is not attributed positive role in the entire incident, there is no reason why the applicant should continue to be in jail almost four and half months after the incident, since the trial is not expected to take off immediately. 3. The learned APP as well as the learned Counsel for the first informant have very strong objection to the applicant's being bailed out. However, since co-accused Pradeep has already been bailed out by this Court, Bail Application is allowed. Applicant be released on bail on his furnishing P.R.Bond of Rs.50,000/- with one or more solvent sureties in the aggregate sum of Rs.50,000/- on the condition that the applicant shall not tamper with the prosecution evidence and shall report 5 BA 497-2011 at the Shivajinagar Police Station, Ambernath, District Thane everyday between 7:00 p.m. to 8:00 p.m. till the trial is over. 4. Both the applications are disposed of. (R.C.CHAVAN, J.)