sat 1 cri.bail appln 1782-2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1782 OF 2011 Vinay Rajendra Singh ...Applicant vs. State of Maharashtra ...Respondent Ms.Mallika A. Ingale for the Applicant. Mr.P.S. Hingorani, APP for the State. CORAM : M.L. TAHALIYANI, J. NOVEMBER 25, 2011 P.C. :- 1 Heard Ms.Ingale, learned Counsel for the applicant and Mr.Hingorani, learned APP for the State. 2 The applicant is one of the accused in Crime No. 371/2009 of Bangur Nagar Police Station. The investigation is completed and chargesheet has been filed. The case is committed to the Court of Sessions. Sessions case number is 84/2011. Some of the accused in the said Sessions case have been released on bail by the order of this Court. 3 The present applicant, it is submitted, has not sat 2 cri.bail appln 1782-2011 played any role as alleged in the statement of only one witness. It is pointed out by the learned Counsel for the applicant that the name of the applicant does not appear in the FIR. The applicant has not been identified in the identification parade. The identifying witnesses were relatives of the deceased. The statement of witness, who has named the applicant, was recorded after about more than 48 hours of the incident though he was available in the same locality. It is, therefore, submitted that the possibility of implicating the applicant in a false case cannot be ruled out. Admittedly, the applicant was not available to police for about one year from the date of incident. It is submitted that the applicant was himself injured due to assault on the part of the deceased Imran and his associates a few minutes earlier of the present incident. The applicant was so frightened that he ran away from the spot. He has voluntarily surrendered before the police as he has no intention to run away from the trial. 4 I have gone through the statement of PW Dablu Mohan Harijan. Careful reading of his statement show that the submissions made on behalf of the applicant need to be sat 3 cri.bail appln 1782-2011 considered. It is clearly stated by this witness that the applicant and his colleagues were earlier assaulted by the deceased Imran and the matter was reported to police. Even at the time of incident, deceased Imran was holding stick. It appears that the deceased himself was, in fact, aggressive. In the circumstances, the possibility of the applicant holding a stick in his private defence cannot be ruled out. Considering all these facts, I am of the view that the applicant has a good case for grant of bail. I, therefore, pass the following order :- I. The applicant be released on bail in the sum of Rs. 20,000/- with one local solvent surety or two local sureties of Rs.10,000/- each. II. He shall not leave jurisdiction of Bangur Nagar Police Station without prior intimation to Senior Inspector of Bangur Nagar Police Station. III.The officer who considers the surety application shall verify the address of the sureties and shall note down local as well as native address of the sat 4 cri.bail appln 1782-2011 applicant in the personal bond. IV.The applicant shall attend Bangur Nagar Police Station on first day of every month at 10.30 a.m. and maintain the diary of the same. 5 The application, accordingly, stands disposed of. (M.L. TAHALIYANI, J)