1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO.3853 OF 2011 Sidharth s/o Vishwanath Garpal, age 28 years, occ. Labour, r/o Pimpalkhuta, Tq. And Dist. Hingoli ...Applicant (orig.accused) VERSUS The State of Maharashtra ...Respondent W I T H CRIMINAL APPLICATION NO.3855 OF 2011 1 Ravi s/o Manohar Gaikwad, age 25 years, occ. Labour, 2 Amol s/o Manohar Gaikwad, age 28 years, occ. Labour, Both r/o Pimpalkhuta, Tq. And Dist. Hingoli ...Applicants (orig.accused) VERSUS The State of Maharashtra, through Hingoli police station, Tq. and Dist. Hingoli ...Respondent 2 ..... Shri M.V.Ghatge, advocate h/f Shri B.N.Gadegaonkar, advocate for the applicants Shri D.R.Korde, A.P.P. for respondent/State in both the matters ..... CORAM : SHRIHARI P.DAVARE, J. DATED :16 th September, 2011. PER COURT :- 1 Perused the investigation papers which were made available for inspection purpose and heard respective learned counsel for the parties finally. 2 These are two applications preferred by the applicants seeking anticipatory bail apprehending their arrest under C.R. No. 135 of 2011, registered at Hingoli City police station, Taluka and District Hingoli, for the offences punishable under Sections 3 307, 326, 324, 323, 143, 147, 148, 149, 506 of the Indian Penal Code and Section 135 of the Bombay Police Act. 3 It appears that crime has been registered on the basis of complaint lodged by Gajanan Prakash Khandare on 13.7.2011 in respect of the occurrence of the incident on 12.7.2011. On perusal of the contents of the said complaint, it appears that although the names of the applicants herein have been reflected therein, no specific role has been attributed to each of them during the occurrence of the incident, and apparently, they were not armed with any deadly weapon, and general and omnibus allegations have been made against them that they assaulted by fist blows and leg kicks to the complainant and Madan. Moreover, it is also canvassed that the co-accused persons, who were allegedly armed with the dangerous weapons and who allegedly assaulted the victim by the said dangerous weapons, have been enlarged on bail by the Sessions Court. 4 Having the comprehensive view of the matter and considering the accusations made against the applicants and the 4 nature and gravity thereof, the custodial interrogation of the applicants is not necessary for further progress in the investigation, and hence, present both the applications deserve to be allowed. 5 In the result, Criminal Application Nos. 3853 of 2011 and Criminal Application No. 3855 of 2011 are allowed and it is directed that in the event of arrest of the applicant-Sidharth Vishwanath Garpal in Criminal Application No. 3853 of 2011 and Shri Ravi Manohar Gaikwad and Amol Manohar Gaikwad in Criminal Application No. 3855 of 2011, under C.R. No. 135 of 2011, registered at Hingoli City police station, Taluka and District Hingoli, they be released on bail on furnishing P.R. bond in the sum of Rs. 15,000/- each with one surety in the like amount by each of them, on the following conditions :- (i) The applicants in both Criminal Applications shall give attendance before the concerned investigator twice in a week i.e. on every Monday and Thursday, between 4.00 p.m. to 7.00 p.m., till filing of the charge sheet and shall cooperate in the investigation. 5 (ii) The applicants in both the Applications shall not influence upon the witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. 6 The present applications stand disposed of finally. 7 It is made clear that the above observations are prima facie in nature and shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. (SHRIHARI P. DAVARE), JUDGE. dbm/crap3853.11