{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 683 OF 2010 1. Bharat s/o Gangadhar Wakle Age-19 years, Occ- Education 2. Kumar s/o Baban Wakle Age-20 years, Occ-Education Both R/o Wakle Wada, Savedi, Ahmednagar APPLICANTS VERSUS The State of Maharashtra RESPONDENT ....... Mrs. S.S.Jadhav, Advocate for applicants Mrs. Y.M.Kshirsagar, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 25th February 2010 PER COURT: 1. This is an application by which the applicants have prayed to release them on bail in connection with CR No.432/2009 registered with Topkhana police station, Ahmednagar as they are in jail since 19.12.2009. It is informed that applicant No.2 is a student of 12th standard and is appearing for examination commencing from 23.02.2010. {2} 2. Heard learned counsel for the applicant and learned APP. Perused the papers of investigation. 3. It appears that the said offence is registered on the complaint of one Maroti Dhangar in respect of an incident which has occurred in the evening of 18th September 2009. Names of the applicants are mentioned in the complaint as they were amongst the accused who have attacked on the family members of the complainant. However, there are no allegations against the applicants in the complaint so also not in the statements of the witnesses. No witness has stated that the applicants were holding any weapon at the relevant time nor any over tact is attributed to the applicants which has resulted into sustaining injury either to the complainant or his family members. Apart from it so far as papers of investigation are concerned the same disclose that some clothes, smeared with blood were seized at the instance of the applicant under Panchanam. However, in the complaint itself there is reference that during the said scuffle three persons from other side had also sustained injuries and name of applicant No.2 is there as the person who has sustained injury. It is quite natural that the blood from his own injury might have been found on the clothes. In the premise, it cannot be said that the clothes smeared with blood is an incriminating circumstance against the applicants. In the premise case is made out to enlarge the applicants on bail, as they are in custody for more than 70 days. {3} 4. In the result, the application is allowed. Both the applicants be released on bail on their furnishing surety in the sum of Rs.15,000/- each and on executing PR bonds in the like amount. Applicants are directed to cooperate with the investigating agency. [A.V.POTDAR, J.] drp/A10/criapln683-10