1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2438/2010 Nilesh Madhu Upade Applicant Vs. State of Maharashtra Respondent Mr.M.M.Nazmi i/b Rajkumar M.Nadar /Roseline R.Nadar for the applicant Mr.A.S.Gadkari,APP for State CORAM:MRS.MRIDULA BHATKAR,J. (VACATION COURT) DATE :12th May,2010. P.C. . Malwani police have registered offence punishable under section 323,326,504 r/w 34 of the Indian Penal Code at C.R.No.78/2010. On 8/4/2010 the applicant/accused alongwith his two friends have altercation with the complainant on the road and in the sudden quarrel the applicant/accused hit the complainant on the legs of the complainant with cement block. So the legs of the complainant are fractured . The police after registration of the 2 offence against the applicant/accused could arrest him on 15/4/2010 as he was missing from 8/42010 to 15/4/2010 . 2] The learned counsel appearing for the applicant submitted that he is transferred to judicial custody and thereafter he made application for bail before the 5 th Ad Hoc Additional Sessions Judge, City Civil Court, Dindoshi ,Mumbai who rejected the same. He has submitted that the applicant/accused has hit on the legs of the complainant and he did not hit on the vital part of the body. The age of the applicant/accused is also to be taken into account while deciding this bail application. 3] The learned A.P.P. while opposing this application has submitted that the applicant/accused was absconding for 5-6 days . He belongs to the same locality whether the complainant stays. He has further submitted that the applicant/ accused wanted to create terror in the mind of 3 people in the locality and hence he should not be released on bail. 4] Heard both counsel. From the record it appears that it was not a preplanned attack but it was a sudden fight. The applicant/accused picked up a cement block which was lying by the road side. It is true that he did not assault the complainant on the vital part but on the legs. Age of the applicant/accused is 21 years. Statements of the complainant and other material witnesses are recorded. The custody of the accused is not required for the investigation. Hence the application is allowed by imposing certain conditions on the applicant/accused as per the following order. O R D E R The applicant/accused be released on his furnishing P.R.bond of Rs.15,000/- with one surety in the like amount. He should not enter within the jurisdiction of 4 Malwani Police station and should not create any problem in the law,order and peace. He should co-operate the investigating officer and attend Malwani Police Station on every Monday till further order. On request of the learned counsel for the applicant/accused the applicant/accused is allowed to pay cash bail of Rs.15,000/- provisionally. Two weeks time is given to furnish the surety. (MRS.MRIDULA BHATKAR,J.)