{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2855 OF 2010 Bhausaheb s/o Sukhdev Humbe & others APPLICANTS VERSUS The State of Maharashtra RESPONDENT ....... Mr. A.N.Nagargoje, Advocate for the applicants Mr. K.S.Patil, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 2nd August 2010 PER COURT: 1. By this application, the applicants have prayed to release them on bail in connection with CR No.95/2010 registered with Washi police station, Dist-Osmanabad for an offence punishable u/s 143, 146, 147, 148, 324, 504, 506 and 307 of IPC with section 3 (1) (x) (xi) of the Atrocities Act, as the applicants are arrested on 27.06.2010 and 30.06.2010. 2. Heard learned counsel for the applicants followed by learned APP. Perused the papers of investigation carried out till today. {2} 3. It appears that CR No.95/2010 came to be registered on the complaint of one Babasaheb Thorat in respect of incident which has occurred at 4.00 p.m. on 27.06.2010 near a hotel run by one Ashish Humbe. It is alleged that the present applicants and others abused the complainant and his associates in the name of their caste and also assaulted them with the weapons in their hands. It is alleged that during the said assault, the complainant, one Amol and one Subhash sustained injuries and hence the present complaint came to be lodged. 4. During the course of submissions, my attention is drawn towards complaint in CR No.94/2010 registered in the same police station in respect of incident which has occurred at 3.15 p.m. on the same day at the same spot where it is alleged that the present complainant and his associates had been to the hotel and when the bill was demanded they assaulted the hotel owner and others for which offence is registered at 8.00 p.m. 5. In the light of the rival submissions, examined the injury certificates of the injured who are injured in the incident reported at CR No.95/2010. Total three injury certificates are on record. From perusal of injury certificate issued to complainant no external injury is noticed whereas he has claimed that he had sustained bleeding injury on his head. Injury certificates of other injured persons show that they have sustained simple injuries and {3} were discharged from hospital on the very day. Thus, it is clear that section 307 of the Indian Penal Code would not attract against the applicants. At the same time, section 324 of the IPC would also not attract as there is no dislocation or disfigurement of any organ. 6. Now question about abuse in the name of caste requires to be considered. The allegations in this respect are vague and considering these aspects coupled with the fact that the applicants are behind the bars for more than 30 days, case is made out to enlarge the applicants on bail. 7. In the result, the application is allowed. The applicants be released on bail on their furnishing surety in the sum of Rs. 10,000/- each and on executing PR bonds in the like amount. Applicants are directed not to contact with the prosecution witnesses. [A.V.POTDAR, J.] drp/B10/criapln2855-10