1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4753 OF 2009 Vagesh Radheshyam Upadhyay ...Applicant vs. The State of Maharashtra & Anr. ...Respondents Mr.G.R. Dwivedi for the Applicant. Mrs.M.R. Tidake, APP for the State. CORAM : V.M. KANADE, J. DATED : NOVEMBER 3, 2009 P.C. :- 1 Heard Counsel for the applicant and APP for the State. 2 This is the third application for bail filed by the applicant. His previous two applications were rejected by this Court on 30th March, 2009 and 28th July, 2009 on merits. Liberty, however, was granted to the applicant to apply for 2 bail if the trial was not over within the period of six months. 3 It is stated in the application that though period of six months is not yet over, the case is not likely to be over immediately in the near future since the case is not yet committed to the court of Sessions. It is submitted that the other co-accused has been enlarged on bail. 4 The applicant is the husband of the deceased and he is in jail since last eleven months. Since the trial is not likely to be over in the near future, in my view, continued detention of the applicant is not necessary. The applicant is not likely to abscond since he is permanently residing in Mumbai. 5 The applicant, therefore, be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant shall 3 not tamper with evidence or threaten prosecution witnesses. If any complaint is received by the prosecution, liberty is granted to them to apply for cancellation of bail. The applicant shall report to the concerned police station once in a month. 6 The application is disposed of. (V.M. KANADE, J.)