- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3014/2010 Anusaya w/o Bhimrao Bhande, age 70 yrs., occu.household, r/o Kawadgaon Tq.Jamkhed Dist.Ahmednagar. ...Applicant.. Versus The State of Maharashtra, through Police Station, Jamkhed. Tq.Jamkhed Dist.Ahmednagar. ...Respondent... ..... Smt.M.D. Thube - Mhase, Advocate for applicant. Shri S.G. Nandedkar, APP for respondent. ..... CORAM: A.V. POTDAR, J. DATE: 09.08.2010 PER COURT: - 2 - 1] By the present application, the applicant, an old lady of 70 years, has approached this Court for her release on bail in connection with Crime No. 153/2010 registered in Jamkhed Police Station of District Ahmednagar in which she came to be arrested on 30.6.2010. 2] Heard counsel for the parties. Perused the papers of investigation. 3] It appears that the said complaint came to be lodged on the complaint of one Gangabai Ramdas Barde about the incident, which took place around 10 a.m. of 30.6.2010 in the agricultural field about which there is dispute in between the applicant and her family members on one side and the complainant & her family members on the other side. The deceased Janardhan, who sustained injuries in this incident, is the brother of the applicant, while the daughter of said Janardhan is the daughter in law of the present applicant. The complainant Gangabai is the daughter in law of deceased Janardhan. Considering the allegations against the present applicant in the complaint as well as the statements of eye witnesses, even though it is alleged that the applicant was not present in the field, do not support the stand as per the allegations in the complaint as well as the statement of eye witnesses. Whether the same are to be believed or not this is not a proper stage at present to criticize. At the same time, the allegations in the complaint as well as the statements of eye witnesses do not spell out any overt act at the hands of this applicant about the assault as alleged by the complainant in the complaint - 3 - and supported by the witnesses in their statements recorded during investigation till carried out. Considering this aspect and the age of the applicant, who is 70 years old, the application deserves to be allowed. 4] The application is allowed. The applicant be released on bail on her furnishing surety in the sum of Rs.15,000/- and on executing P.R. bond in the like amount. After being released on bail, the applicant shall not contact the prosecution witnesses. Application stands disposed of accordingly. (A.V. Potdar, J.) ndk/cr98109