1 Appln 4283-10 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4283 OF 2010 Atul Suresh Thakur ..Applicant V/s. The State of Maharashtra ..Respondent Mr.A.P.Mundargi, Senior Counsel with Mr.Kedar Patil, for the Applicant Mrs.S.D.Shinde, APP, for the Respondent  State CORAM : R.C.CHAVAN, J. DATE : 27TH OCTOBER, 2010 P.C. . This is an application for bail by a person in connection with C.R.No.I-45/2010 for the offence punishable under Sections 302, 307, 120B read with Section 34 of the Indian Penal Code registered with Uran Police Station, District Raigad, arrested and charge sheeted for his involvement in conspiracy to murder one Santosh Thakur. The assailants allegedly came on 26th April, 2010 at about 6.30 p.m. on a motor cycle and saw the victim Santosh Thakur and Rashad Humji, who was 2 Appln 4283-10 injured. Santosh died of gun shot wound on being taken to the hospital. The allegation was Santosh was murdered because he prevented entry of others in business of Sludge oil. The assailants were unknown to the informant and they have later been identified as Yerunkar, Mali & Rane. The prosecution seeks to indicate applicant's involvement because applicant is supposed to have borrowed one Alto car of one Tushar Thakur on the incidental date and returned the car at 6.30 p.m. Now, since miscreants were traveling on motor cycle, there is no question of miscreants being carried by the applicant in the said car. The other piece of evidence with whose help the prosecution seeks to connect the applicant to the crime is statement of one Prasad alias Babu Rohidas Govari recorded under Section 164 of the Code of Criminal Procedure before a Magistrate. This statement does not indicate anything beyond applicant's presence along with the 3 Appln 4283-10 witnesses & others, when Satish & Krishna Patil discussed elimination of Santosh Thakur. The statement would rather show that at the instance of Satish and Krishna Patil, Yerunkar, Mali & Rane had killed Santosh. 2. Considering the nature of evidence collected against the applicant in the context of the fact investigation is complete and charge sheet has been filed, applicant's being in custody may not be necessary for a fair trial. Applicant be, therefore, released on bail on his furnishing P.R.Bond of Rs.50,000/- with one or more solvent sureties in the like amount of Rs.50,000/- on the condition that he shall attend Uran Police Station on the 1st Sunday of the month between 10.00 a.m. to 1.00 p.m. till the trial is over. 3. Criminal Application is disposed of. (R.C.CHAVAN, J.) 4 Appln 4283-10