1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2666 OF 2010 Bhaskar S/o.Bhagwan Naikwade, Age-42 years, Occu-Agriculturist, R/o.Ruigavan, Tq. and Dist. Beed APPLICANT VERSUS 1. The State of Maharashtra and others RESPONDENTS WITH CRIMINAL APPLICATION NO.2669 OF 2010 1. Navnath S/o.Bhagwan Naikwade, Age-72 years, Occu-Agriculturist, R/o.Ruigavan, Tq. and Dist. Beed 2. Chandrakant S/o.Tukaram Gulbhile, Age-68 years, Occu-Ex-Military man, R/o.Kaij, Tq. Kaij, Dist. Beed 3. Mohan S/o.Bhagwan Naikwade, Age-60 years, Occu-Agriculturist, R/o.Ruigavan, Tq. and Dist. Beed 4. Badndu S/o.Mohan Naikwade, Age-38 years, Occu-Agriculturist, 5. Vishnu S/o.Babasaheb Kashid, Age-65 years, Occu-Agriculturist, 6. Satish S/o.Anurath Kashid, Age-35 years, Occu-Agriculturist, 2 7. Lala S/o.Mohan Naikwade, Age-32 years, Occu-Agriculturist, Applicant no.4 to 7 are R/o. Ruigavan, Tq. and Dist. Beed APPLICANTS VERSUS 1. The State of Maharashtra and others RESPONDENTS Mr.D.J.Chaudhari, learned counsel for applicants in both applications. Mr.K.S.Patil, learned APP for State in both applications. CORAM : A.V.POTDAR, J. DATE : 23/07/2010 PER COURT : 1. By the present application, the applicants have prayed this Court for their release on anticipatory bail in the event of their arrest in connection with CR No.72/2010, registered in Neknoor Police Station of Dist. Beed. 2. Heard learned counsel for applicants, learned APP for State. Perused the papers of investigation till carried out. 3. As both these applications are in relation with same CR, hence to be disposed of by way of common order. 4. Perusal of the papers of investigation revealed that the said 3 offence came to be registered on the complaint of one Suresh Bapurao Borade. It further discloses that the alleged incident occurred on 22/06/2010 in the agricultural land bearing no.414 situated at Village Borkhed. It is alleged that while the complainant and one Mukund, his wife Urmila were bowing the cotton seeds in the said agricultural land, Ajit, Ranjit and father in law of Ajit (Applicant in the first application) and 5 to 7 unknown persons came at the spot and assaulted with weapons in their hand to the complainant, Mukund and Urmila, who were cultivating the land of the complainant at that time. During the course of submissions across the bar, it is contended that there is dispute over this agricultural land in between brother of the complainant and one Chandrakant, the father of Ajit. To that effect, Reg.C.S.No.228/2010 is pending in the Court of Civil Judge, S.D. Beed. It further appears on perusal of the complaint that only name of the first applicant is appeared in the complaint. Statement of 2 injured witnesses i.e. Mukund and Urmila were recorded during the investigation, which disclosed the names of applicants in Cri.Appl.No.2669/2010. Even though the complainant Mukund and Urmila were injured during the alleged incident, but statement of these injured witnesses as well as the complainant clearly demonstrates only presence of applicants in both the applications, but no overact or instigation at the hands of these applicants came on record and if other than the presence, no overact is attributed to these applicants to connect them with this crime, case is made out to enlarge the applicants on bail. In the result, following is the order - 4 O R D E R 1. Both the applications are hereby allowed. 2. Applicants be released on bail in the event of their arrest in connection with CR No.72/2010, registered in Neknoor Police Station on their furnishing surety in the sum of Rs.15,000/- each and on executing PR bonds in the like amount. 3. After released on bail, applicants to co-operate the investigation agency by attending the police station, on written intimation by the Investigation Officer concerned. 4. Applications stand disposed of accordingly. (A.V.POTDAR, J.) khs/JULY 2010/cri-appl-2666-10