{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.851 OF 2010 Durjya @ Durgaji s/o Baban Shinde APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr. M.N.Navandar, Advocate for applicant Mr. N.B.Patil, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 12th March 2010 PER COURT: 1. By this application the applicant has prayed to release him on bail in connection with CR No.94/2007 as he is arrested on 04.02.2010 and after completion of investigation charge sheet has been filed and after the arrest of the applicant supplementary charge sheet has been filed and hence claimed bail. 2. Heard learned counsel for the applicant and learned APP. Perused the papers of investigation. 3. It appear that somewhere in the month of December 2007 anticipatory bail application was moved by the applicant before the trial court which was rejected on 31.12.2007 and since then the applicant was absconding. He is arrested after a period of {2} 25 months. Allegations in the complaint are that the applicant with others attacked the residential premises of one Vikas Sinde and as the complainant and his relatives had helped police in arresting the applicant. The applicant has assaulted the family members of the complainant and also looted him with having deadly weapons in hand and also has snatched gold ornaments from the person of female members of the family. It is urged that it is alleged that the applicant has given a stick blow on the hands of wife of the complainant except this no other overt tact is attributed to him and hence at the most offence punishable u/s 324 would be attracted and hence he be released on bail. 4. Considering the allegations in the complaint and charge sheet it is not a case of only causing grievous hurt but also a case of dacoiety with deadly weapons. If it is so then it is not safe taking into consideration threat to the life of complainant and his family members, to release the applicant on bail. No doubt the case is of the year 2007 where the applicant is arrested after 25 months, however other 5 accused are still absconding. The applicant may apply to the trial court for separation of his trial. The application, which is sans merits stands rejected. [A.V.POTDAR, J.] drp/A10/criapln851-10