* 1 * B.A.-1888-2011 22.12.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1888 OF 2011 Dilip Lajras Shinde ....Applicant V.s. The State of Maharashtra ....Respondent * * * * * Ms. Pooja Bhojne, Advocate for the applicant. Mr. S.A. Shaikh, APP for State. CORAM :- Smt. R.P. SondurBaldota, J. 22nd December, 2011. P.C. : 1. The applicant herein is one of the accused in C.R. No.239 of 2011 for the offences punishable under Sections 302 and 506 (II) read with Section 34 Indian Penal Code. 2. The brief facts of the prosecution case, are that on 26th July, 2011 the applicant herein was proceeding as a pillion-rider on the motorcycle driven by the co-accused, Santosh Avhad. The other co-accused, Ayaz Khan was the second pillion-rider. It appears that the motorcycle brushed against the deceased, Pramod alias Barkya who was proceeding on foot * 2 * B.A.-1888-2011 22.12.2011 leading to a quarrel took place between the deceased and Santosh. Then, all the three accused persons started assaulting the deceased. Ayaz was carrying a liquor bottle in his hands. Santosh snatched the liquor bottle, broke it and assaulted, Barkya on his neck with the broken bottle. Barkya, later succumbed to the injuries in the Hospital. 3. The learned Counsel for the applicant, submits that, the only allegation against the applicant is of being present at the spot of the incident and assaulting the deceased by hands. The applicant is not alleged to have anything to do with the fatal assault. Mr. Shaikh, the learned APP, however, submits that the applicant and the witnesses being residents of the same locality, letting the applicant on bail would be of some risk. In that case, the learned counsel for the applicant, states that the applicant will not reside in the area and also will not enter into the territorial jurisdiction of Dahisar Police Station. Hence, the order. O R D E R (i) The Bail Application is allowed. The applicant be released on bail in the sum of Rs.30,000/- (Rs. Thirty Thousand only) with one solvent surety in the like amount. (ii). The applicant shall not enter the territorial jurisdiction of Dahisar Police Station, both on the eastern and western side. * 3 * B.A.-1888-2011 22.12.2011 (iii) The applicant shall attend Kasturba Marg Police Station, Borivali once in 15 days i.e. on 2nd Saturday between 10.00 a.m. to 12.00 noon until commencement of the trial. He shall furnish his residential address to the Investigating Officer. (iv) The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him for disclosing such facts to the Court or to any Police Officer. (v) The applicant shall not leave the jurisdiction of the trial Court, without prior permission. [SMT. R.P. SONDURBALDOTA, J]