1appln-3507-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No. 3507 of 2010 Faizal Ismail Shaikh and others .. Applicants. versus State of Maharashtra .. Respondent. Mr A.P. Mundargi, Sr Counsel, i/by A.A.Kocharekar, for the Applicants. Mr K. V. Saste, A.P.P. for the State. CORAM:- A.R. JOSHI, J. DATE :- 10th AUGUST, 2010. P.C.:- 1. Heard rival submissions for sometime on this application preferred by three applicants for their release on bail during the pendency of the matter in C.R. No.39/2010 registered by Gangapur Police Station, Nashik for the offence punishable under Sections 302, 364, 323, 324 and 120-B of I.P. Code and offences of rioting. 2. There are total five accused persons. Out of them two 2appln-3507-10 accused were released on bail by this Court vide order dated 20.7.2010. Allegedly, there were strained relations between the victim- deceased and present applicant No.3 who is original - accused No.1. Said strained relations were on account of one side love affair of the deceased boy with one girl. Said girl is in relation with present applicant No.3. 3. Initially, the incident of abducting the deceased boy took place at "Hotel Radhika", Nashik on the evening of 16.2.2010. On the same night, at late hours, the dead body of victim was found at some other place and F.I.R. was lodged on the same night. Present applicant Nos. 1 and 3 were arrested on the next day of the incident and applicant No.2 was arrested on 19.2.2010. 4. As per the investigation papers, there are six eye-witnesses regarding the incident of abduction that took place at Hotel Radhika. In the F.I.R. only the name of present applicant No.3 - original accused No.1 is mentioned and role is assigned to him as to coming to the hotel in a vehicle in association with other four/five co-accused and allegedly abducting the victim boy by creating a terror in the said area. 5. The allegations against applicant No.1 are that he was identified in the test identification parade which was conducted on 3appln-3507-10 10.3.2010 and at his instance blood stained clothes were recovered. So far as applicant No.2 is concerned, he was also identified in the same test identification parade and from his house washed clothes were taken charge of, as allegedly produced by the wife of applicant No.2. This happened on the same day of the arrest of applicant No.2 i.e. on 19.2.2010. So far as applicant No.3 i.e. original accused No.1 is concerned, the material prima facie available against him is rather of a serious nature inasmuch as at his instance the Indica Car, having blood stains, chance prints and mud smeared with blood, was found. Again, at his instance two iron rods and one wooden log was found, so also he showed the place where the actual assault occurred. Again, so far as applicant No.2 is concerned, at his instance one base ball wooden log was found, apparently having some blood stains. 6. It is an admitted position that the identification in the test identification parade of three applicants is concerning the incident of abduction of the deceased boy and so far as actual killing of the boy is concerned, there is no eye-witness. 7. Apparently, there is a motive as against present applicant No.3 who had killed the deceased on account of the love affair deceased had with the girl in relation of applicant No.3. 4appln-3507-10 8. Considering the above prima facie material, it would not be in the fitness of situation to release applicant No.3 on bail. However, applicant Nos. 1 and 2 can be granted bail on imposing certain conditions. In the result, the following order: ORDER: (i) Bail application is partly allowed. (ii) Applicant Nos. 1 and 2 Faizal Ismail Shaikh and Rizwan Raheman Khan arrested in C.R.No. 39/2010 registered with Gangapur Police Station, District Nashik, shall be released on bail on their executing P.R.bond of Rs.15,000/- each with one surety for the like amount each. (iii) Prayer of applicant No.3 - Sumer Salim Khan for releasing him on bail stands rejected. (iv) Learned Trial/Sessions Court shall not be influenced by the observations in the present order so far as merits of the Sessions Case are concerned. (v) After availing the bail applicant Nos. 1 and 2 shall attend concerned Police Station once in a 5appln-3507-10 week on every Monday between 10.00 a.m. to 12.00 noon till conclusion of the trial. 9. Application is disposed of in terms of the above order. (A.R.JOSHI,J) LRS-PA