IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINALAPPLICATION NO. 990/2008 Rajesh Haribhau Tupkar vs. State of Maharashtra -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 22 nd APRIL, 2008. Heard Shri R.P.Joshi, Advocate, for the applicant and Smt. Khade, A.P.P. for respondent State. This is an application under Section 439 of Cr.P.C. for grant of bail. The applicant has been arrested for the offence punishable u/s 363, 364, 307, 343, 385, 506 r/w Section 34 of the IPC in Crime No. 132/2007 of Police Station Mul, Distt. Chandrapur, for allegedly kidnapping one boy Abhirup from the auto-rickshaw of the other accused namely Satish Gujar. The evidence appearing against the applicant is that the statement of the father of the said boy Abhirup i.e. Atul Kokulwar is clearly incriminating the applicant for the aforesaid offences. There are statements of the other witnesses who are inmates of the said auto-rickshaw to incriminate the accused. The accused was identified in the identification parade by the inmates of the auto-rickshaw. The said boy Abhirup had also identified the applicant to be an accused. The allegations against the applicant are serious. No doubt, the other co-accused has been released on bail. Considering the allegations against the present applicant, the case of the present applicant is quite distinguishable. As such this application cannot be granted. The same is rejected. However, liberty to the applicant to move for bail if the trial does not commence within the period of six months from today. It is made clear that the above observations are in prima facie view of the matter and the same shall not influence the trial Judge in any way while deciding the matter on merits. Application stands disposed of. JUDGE Rvj.