{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 623 OF 2010 Sumit s/o Vilas Kulkarni Age-23 years, Occ-Commission Agent R/o Gurukul Housing Society Bhist Bag Road, Savedi, Ahmednagar APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr. S.K.Shinde, Advocate for applicant Mr. N.B.Patil, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 25th February 2010 PER COURT: 1. This is an application by which the applicant has prayed to release him on anticipatory bail in the event of his arrest in connection with CR No.432/2009 registered with Topkhana police station, Ahmednagar. 2. Heard learned counsel for the applicant and learned APP. Perused the papers of investigation. {2} 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. It is alleged that 14 accused persons, whose names are mentioned in the complaint, along with 25 others, attacked the residential premises of the complainant. It is further alleged that during the said attack, the accused, who were armed with deadly weapons attacked the father and other relatives of the complainant. 4. Perusal of the complaint only disclose name of the present applicant as a person present with the other accused, however other than his presence, no overtact is attributed to him or not disclosed in the statement of the other witnesses. As there is also no allegation in the complaint that the applicant was armed with any weapon or no overtact is attributed to him, the applicant is entitled for liberty by exercising discretionary powers and the application deserves to be allowed. 5. In the result, the application is allowed. Interim protection granted on 18.02.2010 is hereby confirmed and to remain in force till filing of the charge sheet. The applicant is directed to cooperate with the investigating agency. [A.V.POTDAR, J.] drp/A10/criapln623-10