1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO.1159 OF 2010 Raju s/o Mahasing Tak & ors. ... APPLICANTS VERSUS The State of Maharashtra ... RESPONDENT ..... Shri A.N. Nagargoje, Advocate for the applicants Shri K.S. Patil, A.P.P. for the respondent ..... CORAM : SHRIHARI P. DAVARE, J. DATED : 9th April, 2010 PER COURT: 1. Heard Mr. A.N. Nagargoje, learned counsel for the applicants as well as heard Mr. K.S. Patil, learned A.P.P. for the respondent. 2. This is an application for anticipatory bail, preferred by the applicant Nos.1 to 7, apprehending their arrest under C.R. No. 28/2010, registered at Peth Police Station, Beed, District Beed for offences punishable under Sections 147, 148, 149, 333, 332, 353 and 336 of the Indian Penal Code and Section 135 of the Bombay Police Act. 2 3. It appears that, complaint has been registered on the report lodged by one Rameshwar Saudagar Tat, P.S.I., Peth Police Station, District Beed on 1.3.2010. It is disclosed in the said complaint that, there was free fight between two groups therein. Applicant Nos.4 and 5 also sustained injuries and during the said free fight, stones were pelted and thereby police officers also sustained injuries and on perusal of injury certificate of police officer Bhausaheb Shirsath, it is seen that he sustained injuries and there was swelling (contusion) deformity and the said injury was described as grievous injury. However, it is reported that he has been recovered and already discharged from the hospital. The learned counsel for applicants also submitted that remaining co- accused persons have been already released on bail. 4. In the circumstances, I am of the view that, there is no necessity of custodial interrogation of the applicants and, therefore, present application deserves to be allowed, but while allowing the present application, certain conditions are required to be imposed upon the applicants. 5. In the result, present application is allowed and it is directed that in the event of arrest of applicant Nos.1 to 7 under 3 C.R. No.28/2010, registered at Peth Police Station, Beed, District Beed, they be released on bail on furnishing surety in the sum of Rs.15,000/- each and on executing P.R. bond in the like amount by each of them, on the following terms and conditions. (i) The applicant Nos.1 to 7 shall not enter into the area of Balbhimnagar, Taluka and District Beed till the filing of the charge sheet. (ii) The applicant Nos.1 to 7 shall attend City Police Station, Beed as and when required and shall cooperate the investigation. (iii)The applicant Nos.1 to 7 shall not tamper with the evidence and/or influence upon the witnesses directly/ indirectly. 6. Needless to say that the above bail granted to applicant Nos.1 to 7 is till filing of the charge sheet. It is further needless to say that the above observations are prima facie in nature and shall not come in way of any Court while deciding the matter on merits. (SHRIHARI P. DAVARE) JUDGE fmp/cri115910