IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR CRIMINAL APPLICATION NO.784/2008 Khalid Khan and another ..vs.. State =================================== CORAM: S.R. DONGAONKAR, J. DATE:14.3.2008 Heard Mr. Khan, Advocate for the applicant and Mr. Yengal, A.P.P. for state. This is an application under section 438 of Cr.P.C. for grant of anticipatory bail. Learned trial judge has rejected the application of the applicants on the ground that the applicants had assaulted the injured Firozkhan as well as the complainant. With the help of learned APP I have gone through FIR. There seems to be some ambiguity as regards the specific averments regarding the applicant's overt act in beating injured - Firozkhan and the complainant. Case against Kamruddin appears to be very clear. But as regards these applicants, there is doubt, as to whether they were actual assailants. In this view of the matter, though the above referred controversy remains to be decided at the stage of the trial, applicants would be entitled for anticipatory bail. In the event of arrest of the applicants, for the offences under section 147, 148, 149, 307, 324 r/w 34 of IPC in crime No. 16/2008 of P.S. Darvha, each of them be released on bail on furnishing surety and PRB of Rs.15000/- subject to conditions that he shall not directly or indirectly tamper with the prosecution evidence and shall attend P.S. Darvha on every Sunday between 1.00 to 2.00 p.m. until further orders. Application stands disposed of. It is made clear that above observations are in prima facie view of the matter and shall not influence the trial court while deciding the matter on merit. JUDGE smp.