1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO.561/2011. (Vishal @ Sonu s/o Ashok Dhoke Vs. State of Mah. Thro. PSO PS Jaripatka, Nagpur) -------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. Ashwin Wasnik, Advocate for the Applicant. Mr. S.S. Doifode, A.P.P. for the Non-Applicant/State. ----- CORAM: U.V. BAKRE, J. DATE: 18 TH OCTOBER, 2011. 1. Heard Mr. Ashin Wasnik, learned Advocate for the applicant and Mr. S.S. Doifode, learned A.P.P. for the Non- Applicant/State. 2. The applicant, who has been arrested on 11.05.2011 in Crime No.143/2011, registered at Police Station Jaripatka, Nagpur for the offence punishable under Section 326 of the Indian Penal Code, has filed the present application for bail. 3. The complaint was lodged by one Manjusha, wife of the applicant alleging that she was assaulted by the applicant by means of razor on her stomach and after the mother of the victim came there to rescue her daughter she was also assaulted. Both have sustained bleeding injuries. 4. Though, there is prima facie evidence against the applicant since there are injured eye witnesses, however, the 2 weapon of assault i.e. the razor has already been recovered and charge-sheet has already been filed. Hence, no purpose will be served by keeping the applicant in Magisterial custody. As far as the fear of the respondent that the applicant would tamper with the prosecution witnesses, care can be taken by putting appropriate conditions. 5. The application is allowed. 6. The applicant shall be released on bail in Crime No.143/2011 registered at Police Station Jaripatka, Nagpur for the offence punishable under Section 326 of the Indian Penal Code, upon execution of personal recognition bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount under the following conditions namely: (i) The applicant shall not enter the jurisdiction of the Police Station Jaripatka, Nagpur more particularly the locality wherein the injured persons reside. (ii) The applicant shall not tamper with the prosecution witnesses. The application stands disposed of accordingly. Hamdast allowed. JUDGE NSN