1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR CRIMINAL APPLICATION NO.3134/2007 Pandurang Bhanudas Kaulkar & 4 ..vs.. State =================================== CORAM: S.R. DONGAONKAR,J. DATE : 8.1.2008 Heard Mrs. S.W. Deshpande, Advocate for the applicants and Mr. Fulzele, A.P.P. for state. This is an application under section 438 of Cr.P.C. for grant of anticipatory bail. The applicants are apprehending arrest for the offences punishable under section 147, 148, 341, 326, 395, 506 read with section 149 of IPC in crime no.96/2007 of P.S. Tamgaon. Learned APP has contended that there are allegations against these accused in the first information report. The contents of the FIR are perused. Learned APP is unable to point out that there are any specific allegations of any overt act in assault by any of these applicants. It is stated by learned counsel for the applicants that the accused against whom the allegations of assault are made in the FIR have already been released on bail. Learned APP has contended that these applicants were present on the spot and custodial investigation is necessary. I am unable to find that merely because they were present on the spot, custodial investigation is necessary. It is apparent that the applicants were not actual 2 assailants and they were only present on the spot of incident. In these circumstances, the applicants cannot be denied anticipatory bail. In the event of arrest of the applicant for the aforesaid offences in Crime No.96/2007 of P.S. Tamgaon, each of the applicant be released on bail, on their furnishing surety and PRB of Rs.15000/- subject to conditions that they shall make themselves available for investigation as and when directed by P.S.O. Tamgaon and they shall not directly or indirectly tamper with the prosecution evidence. Application stands disposed of. JUDGE smp.