SKT 1 28.appln.2918.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2918 OF 2010 Yogesh Raghunath Vyapari .. Applicant V/s. The State of Maharashtra .. Respondent ..... Mr.Sandeep Dere, Advocate for Applicant. Mr.K.V.Shate, APP for the State. ..... CORAM : A.R.JOSHI, J DATED : JULY 8th, 2010. P.C. 1. Heard the rival submission for sometime on this application for the regular bail preferred by the applicant for his release on bail during the pendency of the trial in the matter of offences punishable under Sections 395, 342, 504, 506 of the Indian Penal Code. 2. There are total six accused. Out of these, one accused is already bailed out. The SKT 2 28.appln.2918.10.sxw allegations in the present application are that there is an incident of robbery. The present applicant drove one motor cycle of Pulsar make and took along with him his two other associates as pillion riders. They observed the complainant while on way going to his home with a cash amount of Rs.2,05,000/- lacs in a leather bag. After causing obstacle to the scooter of the complainant on the road, two associates of the applicant got down from the motor cycle and they were assisted by the two more co-accused who were present on the spot on the railway overhead bridge. The bag containing cash was snatched from the complainant on giving threats of dire consequences and showing the weapons. After the incident, present applicant and his two associates fled away on the same motor cycle, admittedly, owned by the application and driven by the applicant at the relevant time. The other two associates got hold of scooter of the complainant and they also left the spot. Subsequently, during the investigation, a trap SKT 3 28.appln.2918.10.sxw was led at Kalyan Railway Station, in order to ascertain whether any of the robbers could be found leaving the railway station for going to Uttar Pradesh. During the said trap other co- accused were arrested with cash amount of Rs. 2,00,000/- and five tickets for Bombay to Allahabad were found. They were taken in custody. Revealing the involvement of the present applicant, he was roped. It was apprehended that his Pulsar Motorcycle allegedly used in the offence was seized and cash amount of Rs.5,000/- thousand was also seized from his custody. 3. Incident of robbery occurred on 16-11-2009 and all the accused including the applicant were arrested on the next date 17-11-2009. The Test Identification parade was conducted on or before 19-12-2009. The present applicant was identified by the complainant. Considering th prima facie material available against the accused, it is not in the fitness of the situation to release the SKT 4 28.appln.2918.10.sxw present applicant on bail. The arguments advanced on behalf of the applicant that he has not tried to run away as allegedly done by the other co- accused and that he remained at his permanent address do not weigh with this Court to allow the present application, for the simple reason of availability of the prima facie material against the applicant. In the result, the application is disposed of with the following order : O R D E R Criminal Application No. 2918 of 2010 stands rejected. (A.R.JOSHI,J.)