1 APPLN 3953 OF 2010.sxw vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3953 OF 2010. Shivam s/o Virendra Kumar Srivastava .. Applicant -versus The State of Maharashtra .. Respondent. Mr. A. M. Sarogi, for the Applicant. Mrs. Geeta Mulekar, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 25th October, 2010. P.C. 1. The applicant seeks enlargement on bail in crime No.207 of 2010 registered at Samta Nagar Police station, Mumbai for the offences punishable under Sections 363 and 364 of the Indian Penal Code. The allegation is that first informant Rahul's brother Pankaj who is 10 years, was kidnapped on 7th April, 2010, when he was returning from school. According to Rahul, Pankaj was forcibly taken in a car and inspite of informant’s attempts to stop the car and seeking help of passerby, the abductors went away in the said 2 APPLN 3953 OF 2010.sxw car. The car was white colour INDICA, bearing No.3996. He possibly saw the persons in the car and made report to the police. Pankaj was dropped back in a green colour Tata Safari car, which belongs to the present applicant in which there was a blue colour nylon rope and a cello tape, at Borivali station, and asked to take a bus and go home from there. The child stated that his jacket and tie were taken out and were hidden under the seat at Tata Safari car. The child made such a statement on 8th July,2010. On 10.7.2010, the police seems to have stopped both INDICA car as well as Tata Safari. They seized both the cars. Then they waited till 11th July,2010 for co accused Vijay Mahendra Pratapsing to make statement which they recorded u/s 27 of the Evidence Act and then had the jacket and tie taken out from under the seat cover of the applicant’s car and seized it. At the test identification parade, only Ajay was identified. The applicant has not been identified. In the context of these facts, the applicant is in jail 10.7.2010. Considering the nature of evidence which is collected against the applicant, it is not clear as to why the applicant needs to be detained in custody pending his trial. In view of this, the applicant be released on bail on his furnishing PR Bond in the sum 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 attend the concerned police station on every Sunday between 10.00 a.m., to 3 APPLN 3953 OF 2010.sxw 1.00 p.m, for three months and thereafter on first Sunday of every month till the trial is over. (R. C. CHAVAN, J.)