( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3631 OF 2010 1. Bhaktaprasad s/o Rausaheb Ukande 2. Omprakash s/o Rausaheb Ukande Both r/o Limbona, Tq. Mantha, District Jalna. APPLICANTS VERSUS The State of Maharashtra, through Investigation Officer, Police Station, Mantha, District Jalna. RESPONDENT .... Mr. R.J. Nirmal, advocate for the applicants. Mr. V.D. Godbharle, APP for the respondent/State. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 27th September, 2010] PER COURT : 1. The application is for bail. 2. Heard. 3. Perusal of the F.I.R. purports to show that the applicants and complainant - Arjun Balabhau Ukande are on ( 2 ) inimical terms. The complainant alleged that on 24th August, 2010, at about 11/11.30 a.m., both the applicants were seen while pouring kerosene on the thatched walls of the house. He and his brother, by name, Pandurang rushed to the house and inquired with the applicants as to what they were doing. The applicants then threatened them and set fire to the house. 4. The police panchanama indicated that household articles were gutted in the fire. It is unlikely that the complainant would falsely implicate the applicants by causing destruction to his own house. The complaint itself shows that the complainant alongwith his brother and other witnesses viz. Pralhad Ingale, Ganesh Mangre, etc. attempted to chase the applicants. The police have recorded statements of those witnesses and they have named the applicants. 5. The application is opposed by the learned A.P.P. on the ground that previously also, the applicants were arrested in context of similar case, but the complainant in that case had turned hostile and the applicants were acquitted. The applicants cannot be detained indefinitely as no chargesheet is filed till the date. The applicants are arrested on 24th August, 2010 itself and are still behind the bars. ( 3 ) Considering the material gathered by the Investigating Officer, it appears that no immediate attempt was made to apprehend the applicants at the spot. As stated before, there was previous enmity between the complainant and the applicants and that he had filed the complaint against them in the past. 6. The application is required to be granted on conditions in view of nature of the complaint and the existence of inimical terms between the parties. The following order would meet ends of justice. "The application is allowed. The applicants be released on bail on furnishing bail bonds in sum of Rs. 20,000/- (rupees twenty thousand), each with one solvent surety each to the satisfaction of the Court of Sessions at Jalna and on further condition that they will not enter the limits of Mantha Taluka during pendency of the investigation and the trial without the prior permission of the Court of Sessions." [V.R. KINGAONKAR] JUDGE NPJ/criapln3631-10 ( 4 )