(1) Criminal Application No. 3470 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 3470 of 2011 Balu @ Vijay Laxman Lokhande, Age : 24 years, Occupation : Nil, R/o. Itkur, Taluka : Georai, District : Beed. .. Applicant. versus 1. The State of Maharashtra. 2. The Police Inspector, Georai Police Station, Taluka : Georai, District : Beed. .. Respondents. ....................... Mr. A.B. Girase, Advocate, holding for Mr. D.S. Bagul, Advocate, for the applicant. Mr. G.R. Ingole, Additional Public Prosecutor, for respondent nos.1 and 2. ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 25TH AUGUST 2011 (2) Criminal Application No. 3470 of 2011 COURT'S ORDER : 1. Perused the investigation papers which were made available for inspection purpose, as well as, heard learned respective Counsel for the parties, finally. 2. This is an application preferred by the applicant seeking regular bail in connection with Crime No. 153/2011, registered at Police Station, Georai (District : Beed), for the offences punishable under Sections 326, 324, 323, 504, 506 read with Section 34 of Indian Penal Code. 3. It appears that the offence has been registered on the basis of the complaint lodged by Lakhan Rambhau Lokhande on 9-6-2011 in respect of the occurrence of the incident on 7-6-2011. Apparently, although name of the applicant has been reflected in the contents of the FIR, no specific role has been attributed to him in the occurrence of the incident of assault upon the complainant, namely, Lakhan Rambhau Lokhande, and general and omnibus allegations have been made against the applicant and other co-accused, that they assaulted the complainant and his mother by kicks and fist blows. Pertinently, the co-accused, namely, Ritesh s/o. Baburao Lokhande, who allegedly assaulted the complainant by knife, has been enlarged (3) Criminal Application No. 3470 of 2011 on bail by this Court vide orders passed in Criminal Application No. 2992/2011, on 21st July 2011. 4. Besides, the applicant is in custody since 9th July 2011, but no recovery has been made at the instance of the applicant so far. 5. Apart from that, two persons were injured in the said assault, namely, complainant Lakhan Rambhau Lokhande, and Gautam s/o. Bansi Lokhande, and their injury certificates disclose that the said injuries are of simple nature. 6. It is submitted that the investigation has not been completed so far. However, considering the aforesaid facts and circumstances, and the lacunae, as mentioned herein above, there is no propriety in keeping the applicant in custody furthermore, and therefore, applicant deserves to be enlarged on bail. 7. In the result, present Criminal Application is allowed, and it is directed that the applicant, Balu @ Vijay Laxman Lokhande, be released on bail, in connection with Crime No. 153/2011, registered at Police Station, Georai (District : Beed), on furnishing P.R. Bond in the sum of Rs. 15,000/- [Rupees fifteen thousand] and one surety in the like amount, on (4) Criminal Application No. 3470 of 2011 conditions, (i) applicant shall give attendance before the concerned investigator once in a week i.e. on every Monday between 04.00 p.m. to 07.00 p.m., till filing of the charge sheet, and shall cooperate in the investigation, and (ii) applicant shall not influence upon witnesses and/or tamper with the evidence, in any manner, whatsoever, directly or indirectly, and present Criminal Application stands disposed of finally. 8. However, it is made clear that the above observations are prima facie in nature, and same 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 ......................... bgp/ka3470