1 BA-184-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi BAIL APPLICATION NO. 184 OF 2011 Mr. Santosh @ Beta Mahendranath Shukla ... Applicant/ (Original accused No.2) Vs. The State of Maharashtra ... Respondent Mr. Sunil Kumar,Advocate, for the applicant. Smt. R.V.Newton, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 1st March, 2011. P.C. 1. The applicant seeks to be released on bail in Crime No.207/2010 registered at Samta Nagar Police Station under Sections 363, 364 read with Sec. 34 of IPC. 2. According to prosecution, on 7.7.2010 at about 18.15 hrs. one boy, namely, Pankaj Ramchandra Tiwari aged about 10 years was abducted by some persons and they took him by Tata Indica Car to HP Gas godown, behind Royal Garden Resort, Majlipada, Taluka Vasai. When the culprits noted that the police were chasing them, they shifted the boy to another Tata Safari Car and released him. A report of the incident was lodged by Rahul Shyam Tiwari, who appears 2 BA-184-11.sxw to be cousin of Pankaj. According to the prosecution, the present applicant Santosh was in service with said Rahul Tiwari and as he was removed from service, the applicant Santosh had hatched a conspiracy and kidnapped the boy with intention to extort money and to kill the boy. Other accused persons have been granted bail. Only evidence against the present applicant is the identification by Pankaj during T.I. parade. The memorandum of T.I. parade held on 24.7.2010 shows that Pankaj identified the present applicant as one of the persons who were involved in the conspiracy to abduct him. He has not specifically said that he was one of the persons who had actually abducted. In view of the above circumstances, I find no valid reason to refuse bail. 3. The applicant be released on his executing P.R. of Rs.15,000/- with one surety in like amount with condition that he shall not tamper with prosecution evidence and shall attend the police station on every first and third Sunday of a month between 11 a.m. and 1 p.m. till end of trial. (J.H.BHATIA,J.)