1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (BA) No. 506/2011 Rashtrapal s/o. Nanaji Sontakke ..Vs.. State of Maharashtra through P.S.O. Kharangna, Distt. Wardha Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. A. M. Rizwy, Advocate for the Applicant Mr. C. N. Adgokar, A.P.P. for the Non-Applicant CORAM : U.V. BAKRE, J. DATED : 14.10.2011. 1. Heard learned counsel for the parties. 2. The applicant has been arrested on 04/11/2011 in Crime No. 65/2010 registered at Police Station Kharangna, Dist. Wardha, for offence punishable under Sections 307, 294 and 506 of the Indian Penal Code and Section 4 read with Section 25 of the Arms Act, upon report filed by one Pramod Shamraoji Panbude. 3. The said Pramod Shamraoji Panbude is a member of “Tanta Mukti Samiti”, who used to keep an eye on illegal activities including illicit sale of liquor etc. According to the complainant, the applicant and his family members were in the business of manufacturing of liquor and therefore, the President and other members of the Samiti had tried to give an understanding to the family of the applicant and this was not liked by the applicant. 4. The allegation against the applicant is that on 04/11/2011, at night time when said Pramod was returning home by walk, the applicant ran with a swork stick (Gupti) towards the 2 complainant and abused him in filthy language and gave blow of gupti on his chest, however the complainant leaned behind and sustained injury on his neck. During the subsequent attempt, the complainant caught hold of the said sword stick and evaded the assault. The applicant then ran away with the weapon. 5. Investigation has been completed. Knife has been recovered and charge-sheet has now been filed. The injury certificate reveals a very minor injury on the neck of Pramod. It is not the case of the respondent that the applicant is previous convict of any type of offence nor there is any fear that the applicant would flee from the justice. The fear of tampering with evidence can be taken care of by putting appropriate conditions. 6. In the result, the application is allowed. 7. The applicant shall be released on bail in Crime No. 65/2011 registered at Police Station Kharangna, Dist. Wardha, for offence punishable under Sections 307, 294 and 506 of the Indian Penal Code and Section 4 read with Section 25 of the Arms Act, upon execution of personal recognition bond in the sum of Rs. 20,000/- (Rupees Twenty Thousand only) with one solvent surety in the like amount under the condition that the applicant shall not tamper with the prosecution. JUDGE Punde.