IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR CRIMINAL APPLICATION NO. 521 /2008 Suresh Kaithal ..vs.. State =================================== CORAM: S.R. DONGAONKAR, J. DATE: 5.3.2008 Heard Mr. Gadling, Advocate for the applicant & Mr. Kothari, for state. This is an application u/s 439 of Cr.P.C. for grant of bail. The applicant is arrested for the offence u/s 397 of IPC in crime no.15/2008 by P.S. Rajura. Evidence that is placed into service against the present applicant is the statement of the Driver of the vehicle in which the stolen cable wire was found and that this applicant was accompanying with other accused and others travelling in the said vehicle. Admittedly the jeep along with the stolen wire was found with the driver. This applicant was not found along with said stolen article. There is no evidence except this statement of co-accused to connect this applicant with the said offence. Hence though the offence is serious, applicant would be entitled to bail. Applicant be released on furnishing surety and PRB of Rs. 25000/-, subject to conditions that he shall attend the trial regularly and shall not directly or indirectly tamper with the prosecution evidence. JUDGE smp.