(1) Cri. Application No. 4128 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 4128 of 2011 1. Nitin s/o. Anna Yedke, Age : 25 years, Occupation : Agriculture, R/o. Deolali, Taluka : Kallam, District : Osmanabad. 2. Hanmant s/o. Bhujang Yedke, Age : 18 years, Occupation : Agriculture, R/o. Deolali, Taluka : Kallam, District : Osmanabad. 3. Mahadeo s/o. Bhanudas Yedke, Age : 50 years, Occupation : Agriculture, R/o. Deolali, Taluka : Kallam, District : Osmanabad. 4. Sachin s/o. Anna Yedke, Age : 23 years, Occupation : Agriculture, R/o. Deolali, Taluka : Kallam, District : Osmanabad. 5. Pawan s/o. Achyut Yedke, Age : 27 years, Occupation : Agriculture, R/o. Deolali, Taluka : Kallam, District : Osmanabad. (2) Cri. Application No. 4128 of 2011 6. Ashok s/o. Baburao Yedke, Age : 20 years, Occupation : Agriculture, R/o. Deolali, Taluka : Kallam, District : Osmanabad. 7. Ankush s/o. Ashruba Yedke, Age : 23 years, Occupation : Agriculture, R/o. Deolali, Taluka : Kallam, District : Osmanabad. 8. Ashruba s/o. Jalinder Yedke, Age : 40 years, Occupation : Agriculture, R/o. Deolali, Taluka : Kallam, District : Osmanabad (Name of father of applicant is wrongly typed as Jalinder in bail application No.513/2011. However, in the FIR the name of father of applicant is mentioned as Ashruba s/o. Kalidas Yedke which is correct). 9. Bhikaji s/o. Deorao Yedke, Age : 65 years, Occupation : Agriculture, R/o. Deolali, Taluka : Kallam, District : Osmanabad. 10. Sunder s/o. Rama Yedke, Age : 38 years, Occupation : Agriculture, R/o. Deolali, Taluka : Kallam, District : Osmanabad. (3) Cri. Application No. 4128 of 2011 11. Rama s/o. Maruti Yedke, Age : 50 years, Occupation : Agriculture, R/o. Deolali, Taluka : Kallam, District : Osmanabad. 12. Ashok s/o. Anna Yedke, Age : 48 years, Occupation : Agriculture, R/o. Deolali, Taluka : Kallam, District : Osmanabad. 13. Goroba s/o. Tatya Yedke, Age : 48 years, Occupation : Agriculture, R/o. Deolali, Taluka : Kallam, .. Applicants District : Osmanabad. (Original accused) versus The State of Maharashtra, Through Police Station Officer, Shiradhon, Taluka : Kallam, District : Osmanabad. .. Respondent. ....................... Mr. Suhas B. Ghute, Advocate, for the applicants. Smt. R.K. Ladda, Additional Public Prosecutor, for the respondent. ........................ (4) Cri. Application No. 4128 of 2011 CORAM : SHRIHARI P. DAVARE, J. DATE : 5TH OCTOBER 2011 COURT'S ORDER : 1. Perused the investigation papers which were made available for inspection purpose, and heard learned respective Counsel for the parties, finally. 2. After hearing learned respective Counsel for the parties, extensively, learned Adv. Mr. S.B. Ghute, for the applicants, seeks leave to withdraw the present Application to the extent of applicant no.1, namely, Nitin s/o. Anna Yedke, and applicant no.4, namely, Sachin s/o. Anna Yedke. 3. In view of the said submission, leave granted and the present Criminal Application stands dismissed as withdrawn, to the extent of applicant no.1, namely, Nitin s/o. Anna Yedke, and applicant no.4, namely, Sachin s/o. Anna Yedke. 4. As regards the other applicants i.e. applicant nos.2, 3 and 5 to 13, they have preferred the present Application seeking regular bail in connection with Crime No. 83/2011, registered at Police Station, Shiradhon (Taluka : Kallam, District : (5) Cri. Application No. 4128 of 2011 Osmanabad), for the offences punishable under Sections 395, 341, 147, 148, 149, 120-B and 109 of Indian Penal Code. 5. It appears that the offence has been registered on the basis of the complaint lodged by the complainant, namely, Rajmati Suresh Deshmukh, on 21-8-2011, in respect of occurrence of the incident on the same day at about 10.30 a.m. to 11.00 a.m. It appears from the contents of the said complaint, that although names of applicant nos.2, 3 and 5 to 13 have been reflected in the contents of the FIR, there are general and omnibus allegations against them, that they gave abuses to the complainant and assaulted him by sticks and manhandled him and threatened him to kill, and not beyond that. Moreover, it is reported that the applicants have been arrested on 22nd August 2011, and they are in custody since last about one and half months, and accordingly, they were available for investigation purpose sufficiently. 6. Besides, no criminal antecedents of applicant nos. 2, 3 and 5 to 13 have been pointed out by the investigating agency. Hence, having comprehensive view of the matter, there is no propriety in keeping the applicant nos.2, 3 and 5 to 13 in custody furthermore, and hence, they are required to be enlarged on bail, but on certain conditions. (6) Cri. Application No. 4128 of 2011 7. In the result, present Criminal Application is partly allowed to the extent of applicant nos.2, 3 and 5 to 13, namely, Hanmant, Mahadeo, Pawan, Ashok, Ankush, Ashruba, Bhikaji, Sunder, Rama, Ashok and Goroba, respectively, and it is directed that the said applicants be released on bail, in connection with Crime No. 83/2011, registered at Police Station, Shiradhon (Taluka : Kallam, District : Osmanabad), on furnishing P.R. Bond in the sum of Rs. 15,000/-, each, with one surety in the like amount by each of them, on the following conditions : (i) The said applicant nos.2, 3 and 5 to 13 shall give attendance before the concerned investigator twice in a week i.e. on every Monday and Thursday, between 5.00 p.m. to 7.00 p.m., till filing of the charge sheet, and shall cooperate in the investigation. (ii) The said applicant nos.2, 3 and 5 to 13 shall not influence upon the witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. 8. However, present Criminal Application in respect of applicant no.1, namely, Nitin s/o. Anna Yedke, and applicant no. 4, namely, Sachin s/o. Anna Yedke, stands dismissed as withdrawn, as aforesaid, and present Criminal Application is (7) Cri. Application No. 4128 of 2011 disposed of finally. 9. 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/4128ka