1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.761 OF 2010 Kadir Yakub Gawli, Age-22 years, Occu-Labour, R/o.Jam Mohalla, Bhusawal, Tq.Bhusawal, Dist. Jalgaon APPLICANT VERSUS The State of Maharashtra RESPONDENTS Mr.Joydeep Chatterji, learned counsel for applicant. Mr.N.R.Shaikh, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 26/02/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No.136/2009, registered in Bazar Peth, Bhusawal Police Station, Dist. Jalgaon, in which he came to be arrested on 11/08/2009, wherein after completion of investigation, charge sheet was filed on 03/11/2009. 2. Heard learned counsel for applicant, followed by the submissions of learned APP for State. Also perused the papers of investigation. 2 3. The said offence came to be registered on the complaint of one Pankaj Kesharlal, initially against the 4 unknown persons, out of which one Noora was released on bail, as he is a juvenile. One Shaikh Shakil Shaikh Khalil was released by the court on 11/02/2010, and on the ground of parity, the present bail application is filed by the applicant. 4. Perusal of the papers of investigation shows that incident took place in the night of 11/08/2009, when the complainant alongwith his father and brother were returning from the railway station, 4 unknown persons tried to intercept them. Some alteration of words took place and during that process, out of those, one person caught hold the father of complainant, one person took out knife and caused stab injury to him. In that process, when brother of the complainant Mukesh tried to rescue his father, he was also assaulted by the person holding knife in his hand. On hearing hue and cry, crowd gathered and these unknown persons fled away, but caught raid handed, and were identified during the identification parade. In this process, papers of investigation discloses that during the scuffle, this applicant gave fist blows to the complainant. No role at the credit of this applicant as disclosed in the complaint or in the statement of eye witnesses who have witnessed the alleged incident. 5. On the said allegations, application of co-accused was heard and he was released on bail. On the ground of parity, with certain restrictions, case is made out to release the applicant accused on 3 bail. In the result, order : O R D E R 1. Application is allowed. 2. Applicant be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. 3. After released on bail, the applicant is directed not to enter Bhusawal City, except to attend the sessions trial, till disposal of the Sessions case no.187/2009. 4. Applicant not to tamper with the prosecution witnesses. 5. Applicant also to furnish his address to the investigation officer where he is staying during that period and to report twice in the nearest police station, during the pendancy of case. 6. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/FEB 2010/cri.appl.761-10