1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5630 OF 2009 Shri. Yogesh Tilakdhari Yadav. ..Applicant. Vs. The State of Maharashtra. ..Respondent. Mr.B.G.Tangsali i/by Prabha Badadare for the Applicant. Mrs.A.A.Mane, APP. For the State. CORAM : R.S. MOHITE, J. DATE : 29th April, 2010 PC : 1 This is an application for grant of regular bail. The applicant is shown as an accused in C.R.No.I-197/2008 registered by Mahatma Phule Chowk Police Station, Kalyan for the alleged offence punishable Under Section 302 read with 34 of the I.P.C. In the incident one Ganesh Patil was assaulted by 4-5 persons on 28.5.2008. There are two eye witnesses by names Shantidevi and Chintadevi. They however, state that that assault was by 4-5 unknown persons. For reasons best known 2 to the police, no identification parade has been conducted though investigation has been completed and charge sheet has been filed. The present applicant was arrested on 4.6.2008 and there is recovery of chopper and blood stained clothes from him alleged to have been made on 26.4.2008. Though there is human blood found on the articles, C.A. report could not ascertain the group of blood stains. I find that the Sessions Court has made reference to Section 164 of the Cr.P.C. The learned APP states that there are no statements of any eye witness recorded under Section 164 of the Cr.P.C.. Other three accused have been granted bail by this court. In the circumstances, I am inclined to grant bail to the applicant. It is therefore, directed that pending his trial in pursuance of C.R. No.I-197/2008 registered by Mahatma Phule Chowk Police Station, Kalyan the applicant may be released on bail in the sum of Rs.20,000/- with one surety in the like amount subject to the condition that he will report to the Investigating officer 3 once in a fortnight on every first and third Monday s between 11.00a.m. and 5.00p.m. till the disposal of the trial and on condition that he will not tamper with prosecution witnesses and will remain present on all the dates of the trial in the trial court, unless exempted. Application is disposed off. 2 Parties to act on a copy of this order duly authenticated by the registry of this court. ( R.S. MOHITE, J.)