1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3895 OF 2010 Rohit @ Banti S/o Hanuman Bahirwal Age : 19 years, Occ : Education, R/o Shivaji Nagar, Beed, Tq. & Dist. Beed. ..APPLICANT -VERSUS- The State of Maharashtra ..RESPONDENT ......... Mr. S.S. Thombre, advocate for applicant. Mr. B.J. Sonawane, A.P.P. for respondent. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 1st December, 2010. PER COURT : 1. The application is for bail. 2. The incident occurred on 29th May, 2010, when procession of bridegroom was being taken towards the place of scheduled marriage. It appears that Satyanarayan Jaiswal, Senior Police Inspector along with father of the bridegroom had gone to the place of procession where some friends of Banti Gujar were engaged in dancing in front of the horse of bridegroom. The group of dancers consisted of the applicant. Injured Satyanarayan Jaiswal and father of the bridegroom urged the group of dancers to stop the dance and allow the procession to reach up to the place of 2 marriage hall. They were not amenable to the request and there was some verbal exchange of hot words between the applicant and said injured Satyanarayan Jaiswal. After the marriage function was over, injured Satyanarayan Jaiswal came out of the marriage hall at about 20.45 hours. While he was approaching the vehicle to get boarded, the applicant and other 15 youngsters caught hold of Satyanarayan Jaiswal, pushed him down and started beating by means of kicks and fist blows. The applicant was armed with a knife by which he assaulted injured Satyanarayan Jaiswal. 3. Having heard the learned Advocate for the applicant and the learned A.P.P., and on going through the relevant investigation papers, it transpires that the involvement of the applicant in the alleged serious crime is prima facie explicit. There appears no substantial ground set forth in the application for grant of bail. The very fact that the applicant and his young friends caught hold of Satyanarayan Jaiswal after the marriage was over is indicative of their sharing of common intention to mount assault on him. The medico legal certificate shows that injured Satyanarayan Jaiswal had received four stab wounds out of which three were reportedly of grievous nature. The injured was treated as O.P.D. patient. He was not required to undergo any operation. The applicant is aged about 19 years and is student. It appears that he 3 could not appear for the examination held by the Maharashtra State Board of Secondary and Higher Secondary Education. The learned Advocate appearing for the applicant submits that the applicant is ready to abide by any condition that may be imposed, including prohibition from entering township of Beed. Considering the young age of the applicant, and the fact that he was annoyed due to the purported insult in presence of his young friends, though the act of the applicant appears to be of serious nature, it would be appropriate to grant him bail, in order to avoid the loss of his educational career. It is also important to notice that injured Satyanarayan Jaiswal is attached to the Police Station in Amaravati District, which is far away from Beed District. Under these circumstances, the application is allowed. The applicant is directed to be released on bail, on furnishing of bail bonds in the sum of Rs. 25,000/- (Rupees twenty five Thousand) with one solvent surety bond in the like sum, to the satisfaction of the Court of Sessions, and on further condition that he shall not enter city of Beed until completion of trial except the dates fixed by the Court of Sessions for the purpose of hearing. He shall not contact any of the prosecution witness and shall not make any attempt to tamper with prosecution evidence. He shall report his presence on each Thursday and Saturday between 8 a.m. to 10 a.m. to P.S.O. of Georai Police station until the sessions trial is over. His failure to 4 report his presence to P.S.O., may entail cancellation of bail. The trial of the sessions case is expedited. (V.R.KINGAONKAR) JUDGE gas/cri3895.10