abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 39 OF 2008 Nilesh Vithal Wagh .. Applicant V/s The State of Maharashtra .. Respondent Mr.A.P. Mundargi i/b Mr. P.P. Runwal for the applicant. Mr.K.V. Saste, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 11TH FEBRUARY 2008 P.C. P.C. P.C. : 1. Heard. 2. By this application, the applicant seeks bail in connection with a crime registered under C.R. No.I/19/2007 at Uran Police Station for the alleged offence punishable under sections 396, 397, 363, 342, 412 read with 120-B of the Indian Penal Code. 3. According to the prosecution, on 1st February 2007 some imported goods were being transported in a container mounted on trailer truck no.MH04/CA 6405 from - 2 - J.N.P.T., Uran to Tarapur. The container truck was intercepted and stopped by persons travelling in Indica car. The driver and cleaner of the truck were forcibly pulled out of the truck and forced to sit in the Indica car by threatening them with knife. Two persons drove away the container while the driver and the cleaner were taken in the Indica car to Malshej Ghat where they were thrown into the valley. The cleaner managed to come out of the valley. Thereafter, with the help of some persons the driver was removed from the valley, and was admitted to the hospital where he died. 4. The applicant was arrested on the basis of suspicion. The applicant is alleged to be the person who took the cleaner and the driver hostage, took them to Malshej Ghat where they were thrown into the valley resulting in the death of the driver. 5. The goods which were stolen from the trailer truck were found in a godown. The owner of the godown has not identified the applicant, There is no discovery of anything except the Indica car alleged to be used in the crime. The cleaner of the truck, who is alive, was unable to identify the applicant in the identification parade. 6. The learned Sessions Judge vide order dated 31st - 3 - July 2007 has dismissed the application for bail made by the applicant. The learned Sessions Judge however has not considered the fact of non-availability of prima facie material connecting the applicant to the crime, but has rejected the application on the ground of seriousness of the offence. 7. Taking into consideration the entire evidence and also the fact that the cleaner of the truck, who had ample opportunity to watch the occupants of the Indica car, has not been able to identify the applicant, I am of the view that the applicant is entitled to bail. Hence, I pass the following order:- ORDER ORDER ORDER The applicant be released on bail in connection with 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 not make any inducement nor give any threats to any of the prosecution witnesses. (b) The applicant shall attend the concerned police station once a fortnight on every first and third Monday of every British calendar month till the disposal of the - 4 - Sessions Case. (D.G. KARNIK, J.)