1 CA4681/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4681 OF 2011 1. Sanju Vithal Gangurde 2. Prakash Dashrath Barde 3. Charas Raosaheb Barde 4. Sambha Popat Barde 5. Navnath Raosaheb Barde 6. Ganesh Popat Barde 7. Dipak Barku Barde Applicants V E R S U S The State of Maharashtra Respondent Shri N.B. Narwade, Advocate for the applicants Shri K.S. Hoke-Patil, Advocate for the respondent / State CORAM : R.Y. GANOO, J. DATED : 29th November, 2011 PER COURT : 1. All the applicants are arrested in CR No. I – 275 of 2011, registered with Rahuri Police Station, District Ahmednagar, under Section 395 of the Indian Penal Code. 2. The incident is of 8th September, 2011 and the complainant alleges that 7 to 8 persons unknown to him robbed him and snatched one Nokia handset telephone, other one Nokia handset telephone, Rs.300/- and one cloth-bag containing some clothes and Rs.700/-. After the investigation, all the applicants came to be arrested. The police have shown recovery of 2 CA4681/11 certain articles on 8th September, 2011 and panchnama to that effect is recorded. This raises serious doubt about the case of the prosecution as regards arrest of the present applicants. No incriminating articles have been recovered from any of the applicant with reference to the text of the F.I.R. The learned Advocate for the applicants contended that the applicants were not put in identification parade to fix their identity as the assailants. He also submitted that none of the applicants were confronted with the complainant. The learned A.P.P. has not disputed this. Hence, the identity of the applicants is not established even prima facie. There is no recovery to show the link of the present applicants with the crime alleged. If this be so, the present applicants are entitled for bail. Hence, following order is passed to dispose of the application : ORDER A. All the applicants are hereby ordered to be released on bail in connection with CR No. I – 275 of 2011 of Rahuri Police Station, District Ahmednagar. They are ordered to be released on bail in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) each with one surety in the like amount. Each applicant shall furnish P.R. Bond of Rs.25,000/- (Rupees Twenty Five Thousand). C. Each of the applicant shall attend the concerned police station on very second and fourth Saturday between 11.00 3 CA4681/11 a.m. to 04.00 p.m. from the date of their release till the evidence of the material witnesses on behalf of the prosecution is recorded in the Court. ( R.Y. GANOO, J. ) SRM/29/11/11