{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3131 OF 2009 Vithal s/o Jagannath Jadhav Age-40 years, Occ-Agri R/o Pal, Taluka-Fulambri Dist-Aurangabad APPLICANT VERSUS The State of Maharashtra Through Police Station Officer, Fulabri, Dist-Aurangabad RESPONDENT ....... Mr.S.S.Jadhavar, Advocate for applicant Mr.N.R.Shaikh, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 12 th November 2009 PER COURT: 1. By the present application, the applicant who is an accused along with 74 other accused in CR No.17/2009 registered with Phulambri police station, has prayed to release him on bail. 2. Heard learned counsel for the applicant followed by the arguments of learned APP for the State. Learned APP has produced the investigation papers in my hand. {2} 3. Perusal of the complaint shows that on 23.02.2009 a boy, namely Rohidas was attacked and assaulted by a mob of 100 persons on the ground that he had teased the daughter of the Vithal Jadhav and had also threatened her on the point of knife. The boy was tied to the electric pole and the mob assaulted him. After information was given to the police, Rohidas was taken to the hospital where he was declared dead and hence offence came to be registered with the Phulambri police station. 4. My attention is drawn towards the disclosure of the facts in the complaint as well as towards the statement of one Dattu Pandit Tupe. During the course of investigation in all 75 accused are arrested. However, some of the accused are released on bail. It is urged by learned counsel for the applicant that after the occurrence of the incident this applicant came to be arrested on 28.02.2009 and since then he is in jail. It is urged that on the ground of parity, as other accused persons are released on bail, and as the charge sheet is filed, the applicant may be released on bail. 5. Learned APP vehemently opposed the bail application on the ground that considering the severity of the offence, if the accused is released on bail then a wrong message would pass on to the society. 6. Considering the rival submissions and on perusal of {3} the investigation papers, it is clear that the nature of the offence is serious as a mob of 100 persons had attacked the helpless and armless boy, however, role played by individual accused is also to be considered. Perusal of papers of investigation and statement of Dattu Pandit Tupe disclose presence of the applicant but nor any overtact is attributed to the applicant. The four accused, who have actually assaulted the deceased are not enlarged on bail, however the remaining accused, whose role is not amounting to overtact are released on bail. Hence, on the ground of parity the applicant is also entitled for liberty. 7. In the result, the application is allowed. The applicant be released on bail on his furnishing surety in the sum of Rs. 10,000/- and on executing PR bond in the like amount. The applicant is directed not to tamper or contact prosecution witnesses. The applicant is also directed not to enter the village Pal till the commencement of the trial. Application stands disposed of accordingly. [A.V.POTDAR, J.] drp/criapln3131-09