jpc ba1171-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1171 OF 2011 Rajendra Ganesh Yellana ... Applicant Versus The State of Maharashtra ... Respondent Ms. Anjali Patil, for the applicant Mrs. S. D. Newton, APP for the State CORAM:- A.M. THIPSAY, J. DATED :- 11th August, 2011. P.C. : 1. Heard Ms. Anjali Patil, the learned advocate for the applicant and Mrs. Shinde, the learned APP for the State. 2. I have gone through the entire charge-sheet with the assistance of the learned advocate for the applicant and the learned APP. 3. The murder took place on 18th August, 2010. At that time, nobody suspected the applicant or even other accused. The applicant came to be arrested on 23rd November, 2010. There are some statements of witnesses, which create suspicion against the applicant and other accused, but these statements have been recorded much late after the incident. The statements of one Sunil Sawant and one Eknath Patekar have been recorded on 18th November, 2010 and the jpc ba1171-11.sxw 2 statements of one Mojes Rodrigues and one Anil Salvi were recorded on 18th January, 2011. The delay in recording the statements is suspicious. Though it is stated that the clothes of the applicant were recovered under Panchanama, the chemical examination of the said clothes does not reveal existence of any blood stains on them. Similarly, it is claimed that there was an impression of the footwear of the applicant on the blood that was laying at the scene of the offence but, there is hardly any satisfactory material to indicate the same. 4. In any case, the co-accused Suresh Kamble and Rajesh Satra have been released on bail by the Court of Sessions. The case of the applicant is certainly not worse than that of the co-accused Suresh Kamble. 5. Considering all the relevant aspects of the matter, I am inclined to release the applicant on bail. 6. The application is allowed. 7. The applicant is ordered to be release don bail in the sum of Rs. 50,000/- (Rupees fifty twhousand) with one surety in like amount or two sureties in the sum of Rs.25,000/- each. (A.M. THIPSAY, J.)