1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4146 OF 2010 Dnyaneshwar s/o Sitaram Rathod ..Applicant Versus The State of Maharashtra ..Respondent Mr.S.J.Salunke, Advocate for applicant Mr.N.H.Borade, A.P.P. for respondent-State CORAM : P.V. HARDAS, J. DATE : 28th October, 2010 PER COURT 1. The applicant, who is accused in Crime No.117/10 for offence punishable under Sections 302, 201 read with sec.34 of the Indian Penal Code registered by the Partur Police Station, District Jalna, seeks his release on bail. 2. On the basis of a report lodged by the complainant the aforesaid offence came to be registered initially against the two accused who are named in the said complaint. Undisputedly, the applicant has not been named in the said complaint. The two eye witnesses whose statements have been recorded by the Investigating Officer do not ascribe any overt act to the present applicant. In fact, the present applicant is not even named by the two alleged eye witnesses to the incident. In that light of the matter, therefore, according to me the applicant is entitled to be released on bail. 2 3. Accordingly, this application is allowed and the applicant is directed to be released on bail on his executing a P.R. bond in the sum of Rs.15,000/- with one surety in the like amount to the satisfaction of the trial Court. The applicant shall attend the Partur Police Station once a week on each Sunday between 8.00 a.m. to 10.00 a.m. till the filing of the charge-sheet. The applicant shall not make any attempts at either tampering the prosecution evidence or influencing the prosecution witnesses. Application allowed accordingly. ( P.V. HARDAS, J.) (vvr/4146.10criappln)