IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 7 OF 2009 Rajendra Abasaheb Deshmukh ...Applicant Vs. The State of Maharashtra ... Respondent --- Shri J.D. Mane for Applicant Shri S.S. Pednekar APP for the State ---- CORAM: V.M. KANADE J. DATED 9TH JANUARY, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the Learned APP for the State. 2. This an application for anticipatory bail. 3. An offence has been registered at Vairag Police Station vide C.R. No.170 of 2008 for the offences punishable under sections 363, 366, 34 of the Indian Penal Code. 4. It is the case of the prosecution that one Shashikant Jadhav had eloped with Savita, daughter of Balasaheb Manik Kakade and the Applicant's motorcycle was used by the said Shashikant Jadhav. 5. The Learned Counsel appearing on behalf of the Applicant has submitted that this is the only allegation made by the Complainant in his complaint. It is stated that there is a dispute between the Applicant and the Complainant in respect of the boundary wall between the land of the Applicant and the Complainant and, therefore, the Applicant has been falsely implicated. 6. Perused the complaint. It is obvious that only allegation which is made in the complaint is that the Shashikant Jadhav, who had eloped with daughter of the Complainant had used the motorcycle of the Applicant. Even if the said complaint is taken as it is, no case is made out against the present Applicant. Hence application is allowed. 7. In the event Applicant is arrested for the offence punishable under section 363, 366 r/w. 34 of the Indian Penal Code registered vide C.R. No.170 of 2008 at the Vairag Police Station, he shall be released on bail in a sum of Rs.5,000/- within one or two sureties in the like amount. 8. Application is, accordingly, disposed of. V.M. KANADE J.