1 SNS IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1580 OF 2011 Mukund @ Bablu Anil Gaikwad ..Applicant. v/s. State ..Respondent. Mr. Debajyoti Talukdar, adv. for the Applicant. Smt. R.V.Newton, APP for the respondent/State. CORAM : J.H.BHATIA, J. DATE : 20th December, 2011 PC : 1 Applicant seeks to be released on bail in crime no.478 of 2010 registered at Swargate police station under Section 307 IPC. 2 Prosecution case in brief, is that, the present applicant is accused in a case of murder of Ganesh Kamble. In that case, he was granted bail. Avinash Adsul the first informant and the injured in the present case claims that he was witness in that murder case. It is alleged that the applicant used to ask Avinash not to support prosecution in that case which he declined. On 23.12.2010 at about 8.45 p.m., the applicant allegedly assaulted the first informant Avinash with koyta and caused injuries on his abdomen, right and left hand as well as left thigh. After that the accused ran away. Injured Avinash was taken to the hospital where he was given 2 treatment. Thereafter, he went to Swargate police station and lodged the report. As per the injury certificate, he had suffered contused lacerated wounds on the right and left hand as well as incised wounds on his thigh. Initially the police registered the offence under section 326 IPC. Later on, section 307 IPC was added. On perusal of the medical report, it appears that all four injuries were simple injuries. None of them was on vital parts of the body, therefore, there was no scope for registration of offence under section 326 IPC. Prima-facie, it appears to be the case under Section 324 IPC. It appears that the applicant was arrested in June, 2010. Taking into consideration the nature of the injury, there can be no valid reasons to refuse bail. 3 Applicant be released on his executing PR of Rs.15,000/- with surety in the like amount with condition that he shall not tamper with the prosecution evidence and shall report at Swargate police station on 1st and 3rd Sunday of every month till the end of the trial. (J.H.BHATIA, J.)