1 Cri.A.4666.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4666 OF 2011 Adhik Ajagan @ Arjun Kale Age : 50 Years, Occup.: Agril R/o Ghanegaon, Tq. Parner District : Ahmednagar. ...APPLICANT. VERSUS 1) The State of Maharashtra, ...RESPONDENT. ... Shri.Anil M.Gaikwad, Advocate for Applicant. Shri.B.J.Sonwane, A.P.P. for Respondent-State. ... CORAM: R.Y.GANOO, J. DATE : 28TH NOVEMBER, 2011. PER COURT : 1. Heard learned counsel for both the sides. 2. The present applicant is arrested in connection with crime No. I-70 of 2011, registered with Akole Police Station District Ahmednagar, for the offence punishable under sections 395, 397, 376 and 354 of the Indian Penal Code. The FIR and statements of the witnesses do show that they had an occasion to see the faces of the assailant. They have stated that they would be able to identify the assailants, who are alleged to have committed 2 Cri.A.4666.11 offence of dacoity and rape. The Charge-sheet is filed. 3. Learned APP appearing on behalf of the Respondent-State would not dispute the statement of the learned Advocate for the applicant that there is no identification parade or there is no confrontation with the present applicant with victim. If this be so, identity of the present applicant is not established to link him with alleged occurrence. 4 . There has been no recovery at the instance of the applicant. There is no discovery at the hands of the applicant. Learned APP submitted that there is recovery of gold ornaments at the instance of co-accused Ganesh under section 27 of the Indian Evidence Act and said co-accused Ganesh has disclosed in his introductory statement under section 27 of the Indian Evidence Act that he along with present applicant and others indulged in crime. In my view, this statement made by the applicant in the midst of the recovery under section 27 of the Indian Evidence Act against the present applicant, cannot be used against this applicant. There is no material to link the applicant with alleged crime. In view of the above, following order is passed. (i) The applicant is hereby ordered to be released on bail in connection with crime NO. I-70 of 2011 3 Cri.A.4666.11 registered with Akole Police Station District Ahmednagar, for the offence punishable under sections 395, 397, 376 and 354 of the Indian Penal Code in the sum of Rs.20,000/-(Rupees Twenty Thousand) with one surety in the like amount. The applicant shall execute P.R. bond of sum of Rs. 20,000/-(Rupees Twenty Thousand). (ii) The applicant shall not enter the limit of villages Virgaon as well as Rambhodi, Tq. Akole, District Ahmednagar till the case is over. (iii) The applicant shall report to the concerned Police Station on every 2nd and 4th Monday of every month between 8.00 p.m. to 11.00 p. m. till trial is over. . The Criminal Application stands disposed of in the above terms accordingly. [ R.Y.GANOO, J. ] MTK