{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3784 OF 2009 01. Sampat Vijay Baraskar Age-25 years, Occ-Business R/o Savedigaon, Ahmednagar 02. Dipak s/o Manik Gangarde Age-26 years, Occ-Business R/o Savedigaon, Ahmednagar 03. Sachin Devidas Gangarde, Age-26 years, Occ-Business R/o Ganesh Chowk, Bolhegaon, Ahmednagar APPLICANTS VERSUS The State of Maharashtra Through Tophkana Police Station, Ahmednagar RESPONDENT ....... Mr.S.S.Deshmukh, Advocate for applicant Mr.N.B.Patil, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 10 th November 2009 PER COURT: 1. By the present application, the applicants have prayed {2} that they be released on bail in connection with CR No.364/09 registered with Tophkana Police Station, Ahmednagar for an offence punishable u/s 143, 147, 148, 149, 323, 324, 326, 395, 307, 504, and 506 of the Indian Penal Code r/w 37 (1) and (3) and 135 of the Bombay Police Act and u/s 4 and 25 of the Arms Act. 2. Heard learned counsel appearing for the applicant followed by the arguments of learned APP. 3. Learned APP has made available the investigation papers for my perusal. The investigation papers disclose that the alleged incident occurred on 30.09.2009 at about 1.00 p.m. Immediately in the said afternoon the applicants came to be arrested. After the complaint came to be lodged, the injured came to be referred for medical treatment. Medical papers of the medical treatment provided to Dattatraya Sapre and Raju Gaikwad are on record. The nature of the injuries disclosed in the certificates is simple injuries. So far as the column in respect of opinion of cause of injury is concerned, the same is kept blank. In absence of any opinion, as regards cause of injury found on the body of the victim, it is difficult to infer that a particular weapon is used for assault. Considering the fact that the nature of injury is simple, it cannot be said that, at least at this juncture, the offence, as alleged, is made out. At the most, case u/s 323, 504, 506 and 504 of the Indian Penal Code can be said to be made out. In the premise, case is made out by the applicants to exercise the discretion to enlarge {3} the applicants on bail. 4. In the result, the application is allowed. The applicants be released on bail, on their furnishing surety in the sum of Rs. 15,000/- and on executing PR bond in the like amount. The applicants not to tamper the prosecution witnesses or to contact the prosecution witnesses. Application stands disposed of accordingly. [A.V.POTDAR, J.] drp/criapln3784-09