1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 645 of 2008 Vilas Madhukar Salaskar .. Applicant versus State of Maharashtra .. Respondent ... Mr.Samir A. Vaidya for the applicant. Mr.Rajesh More APP for the State. CORAM : D.G.KARNIK, J DATED : 4th March 2008 P.C.: 1. Heard. 2. By this application under section 438 of the Code of Criminal Procedure, the applicant seeks bail in respect of a Crime Registered under C.R. No.5 of 2008 with Deogad police station for offence punishable u/s.363 r/w section 34 of the IPC. Though 2 the offence was initially registered only under section 363 r/w sec.34 of the IPC, subsequently section 392 and 120B have also been applied. 3. The prosecution case in short is that on account of the election disputes one Mr.Shashikant Sarvankar was kidnapped by the applicant and others. Subsequently, the kidnapped person escaped from the custody and has named the kidnappers, one of whom is the applicant. 4. The First Information Report was lodged by the brother of Shashikant. In the FIR he did not name the present applicant as suspect but he named Vijay Bait and Rajendra Lad as suspects. After Shashikant escaped the custody, his statement was also recorded. In the said statement, he stated that while he was travelling in a rickshaw which was intercepted by a jeep form which Vijay Bait and Rajendra Lad got down and forcibly abducted him in the jeep. He alleged that applicant was one of the persons sitting in the jeep and therefore applicant is connected with the crime. Learned APP submits that applicant is needed for the purpose of interrogation and recovery of the jeep which is alleged to be used for the purpose of kidnapping. 3 5. Vijay Bait and Rajendra Lad were arrested and were in police custody for four days. Thereafter they have been released on bail. Despite they being in custody for four days, the vehicle has not been traced. Learned APP on instructions of the Investigating Officer who is present was unable to state even the registration number of the jeep from which Shashikant was allegedly kidnapped. Vijay Bait and Rajendra Lad have been released on bail by the lower court. The role played by the applicant is not greater than the role allegedly played by Vijay Bait and Rajendra Lad who are alleged to be actively involved in the kidnapping. In the circumstances, in my view, no useful purpose would be served by arrest and detention of the applicant in custody but he can be directed to co-operate with the investigation. Hence, I pass the following order:- O R D E R . In the event of applicant is arrested in connection with Crime No. 5 of 2008 registered with Deogad police station, he be released on bail on personal bond of Rs.25,000/- with two sureties of the like amount subject to the conditions that the applicant shall attend the concerned police station on every alternate day between 5 and 7 p.m. for a 4 period of three months or till the filing of the charge-sheet, whichever is earlier and shall offer himself for interrogation and co-operate with the investigation. The applicant shall not change his residential address without prior intimation to the police. . This order shall come to an end after the charge sheet is filed whereupon the applicant, if he so desires may apply to the court for regular bail. If such an application is made, the Court shall consider it on its own merits without being in any way influenced by any of the observations made herein. (D.G. KARNIK, J)