1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4086 OF 2009 Govind S/o.Gopinath Rathod APPLICANT VERSUS The State of Maharashtra Through P.S.Mudkhed, Tq.Mudkhed, Dist. Nanded RESPONDENT Mr.G.P.Shinde, learned counsel for applicant. Mr.N.B.Patil, learned counsel for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 10/12/2009 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No.67/2009, registered in Mudkhed Police Station of Tal.Mudkhed, Dist. Nanded for an alleged offence punishable u/s. 307, 366, 497 r/w. 34 of IPC. 2. Heard learned counsel appearing for applicant followed by the submissions of learned APP appearing for the State. Perused the papers of investigation till carried out which were placed before me for my perusal. 2 3. It appears that in the afternoon of 13/10/2009, complainant victim Chandrakala was assaulted in the nearby field of residence of her parents, allegedly by her husband and in laws. On that basis, complaint came to be lodged and the offence as stated registered against those 3 persons. It further appears that during the investigation, some more statements were recorded and on 28/10/2009, supplementary statement of victim was also recorded implicating the present applicant, but during the investigation, from the facts revealed, this applicant came to be arrested on 26/10/2009 and since then he is in custody. 4. According to learned counsel appearing for the applicant that he is not a assailant who has attacked the victim and there is no enmity between he and victim as the victim is his real sister. So far as the reason given by the applicant that the victim, the sister of the applicant has ran away from the matrimonial house of her husband and was residing with somebody which was the incident took place long back and nothing to do with the present incident. In the premise, as he is in jail for the period of 45 days, he be released on bail. 5. The application is opposed by the learned APP on the ground that this incident is witnessed by the 3 eye witnesses, their statements were recorded on 18/10/2009 and these eye witnesses are including the daughter of the victim, daughter of the applicant and one independent witnesses. According to him, those statements 3 discloses that the victim was chessed and then assaulted the complainant. The weapon used by the applicant during the assault is also recovered and forwarded to the Chemical Analyser for the report of CA. According to learned APP, considering this situation, as the investigation is in progress, this is a not a stage where the applicant to be released on bail. 6. Considering these submissions across the bar, it is to be noted that initially the offence was registered against the husband and in laws of the victim, but during the investigation, it appears to be transpired from the statement of the eye witnesses the applicant is a culprit who has assaulted his sister, which weapon was also recovered at his instance. If the daughter of the applicant is herself the witness as well as the daughter of the victim, who is also niece of the applicant to this incident, then there are every chances if at this stage, when the investigation is in progress, if the applicant is released on bail, then he will tamper the evidence which is to be collected and pressurize the witnesses. Hence no case made out to release the applicant on bail at this stage, hence the application stands rejected. (A.V.POTDAR, J.) khs/DEC 2009/cri-appl-4086-09