- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 502 OF 2008 Niranjan Nikhil Das @ Niranjan C. Nikoli Applicant vs. The State of Maharashtra Respondents Mr. Shirad Bobde h/f Sandesh Deshpande, Advocate for the applicant. Mr.K. V. Saste, APP for the respondent. CORAM : D. G. KARNIK, J. DATE : MARCH 13, 2008. PC 1. Heard. 2. By this application, applicant seeks bail in connection with C.R. No. I- 98/2006 registered with Vitthalwadi Police station, taluka Kalyan for the alleged offence punishable under section 171, 364-A, 384, 385, 504, 506 read with section 34 of I.P.C. 3. Prosecution case in short is that, applicant was travelling as a pillion rider on the motor cycle of the complainant. On the way motor-cycle slipped and applicant - 2 - sustained injuries. He was admitted to the hospital. Therafter the applicant arranged to kidnap the complainant with the help of several co-accused and demanded from him Rs.2 lakhs, allegedly spent by him for the treatment. Finally he compelled the complainant to give in writing to pay Rs.50,000/-. 3. All other co-accused namely -Nitin Rupavate, Smt. Mayan Waghmare, Sumit Vitthal, Sanjay Roy, Gautam Rokade who allegedly kidnapped the applicants have been granted bail by the various orders passed by this Court. Copies of the said orders are at page 56 to 57. The applicant claims bail on the ground of parity. Apart from the parity, it may be noted that the applicant is in Jail since 31st october 2006. Investigation is completed and charge sheet has been filed. In the circumstnces, presence of the applicant is not needed for the purpose of investigation. 4. Taking an over all view of the matter and in particular taking into consideration the fact that all other co-accused have been granted bail and the present applicant is in custody for a period of more than 17 months, in my view applicant can be granted bail. Hence, I pass following order. - 3 - _O_R_D_E_R_ (i) Applicant be released on bail on furnishing personal bond in the sum of Rs.25,000/- with two sureties in the like amount, subject to the condition that the applicant shall attend the Session trial on every date fixed and shall also report the concerned police station once a month between 1st and 5th day of British Calender month. (ii) Any breach of the aforesaid conditions would result in cancellation of the bail. Sd/- [ D. G. KARNIK, J.]