{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3696 OF 2009 1. Namdeo s/o Vaijnath Itape Age-60 years, Occ-Agriculture R/o Arangaon, Tq-Kaij Dist-Beed 2. Purushottam s/o Namdeo Itape Age-38 years, Occ-Service R/o Arangaon, Tq-Kain Dist-Beed APPLICANTS VERSUS 1. The State of Maharashtra Through Police Station, Kaij Dist-Beed 2. The Superintendent of Police Beed, Dist-Beed RESPONDENTS ....... Mr.S.J.Salunke, Advocate for applicants Mrs.Yogita M.Kshirsagar, APP for respondents state ....... [CORAM : A.V.POTDAR, J.] DATE: 16th November 2009 PER COURT: 1. By the present application, the applicants are seeking {2} anticipatory bail in connection with CR No.105/2009 registered with Kaij police station u/s 147, 148, 149, 323, 325, 307, 504 and 506 of the Indian Penal Code. 2. Heard learned counsel appearing for the applicants followed by the submissions of the learned APP. As the notice of this application is already served on the APP the learned APP has presented the papers of investigation carried out till today. 3. It appears that the compliant is lodged on 24.05.2009 in respect of the alleged incident occurred on 23.05.2009. The compliant discloses names of 8 persons out of which overtacts are actually attributed to applicant No.2, of giving blows of knife on the stomach of the victim causing grievous injuries. So far as applicant No.1 is concerned, no overtact is attributed to him or no role is played by applicant No.1 in the alleged offence. Learned counsel for the applicants has urged to release the applicants on anticipatory bail in the event of their arrest in the said crime. 4. Learned APP opposed the application on the ground that the applicants are absconding since the date of registration of the offence and in case they are released on anticipatory bail they may tamper the prosecution witnesses. 5. In view of the submissions and on perusal of the complaint it prima facie appears that the applicant No.2 has played {3} a role in the alleged incident. The injury certificate shows that the victim was admitted in the hospital on the same day of the alleged incident. The injury certificate further shows that the injury is caused within 6 hours, the injury is grave in nature and it is caused to due to sharp and blunt object. The complainant has given a statement to this effect. However, perusal of the compliant nowhere discloses any overtact or any role on the part of applicant No.1 Namdeo. In the premise, the application is partly allowed. In case of arrest of applicant No.1 Namdeo Vaijnath Itape in connection with CR No.105/2009, he be released on bail on furnishing surety in the sum of Rs.10,000/- and on executing a PR bond in the like amount. The application, so far as it relates to applicant No.2 Purushottam, the same is rejected. The application stands disposed of on the above terms. [A.V.POTDAR, J.] drp/criapln3696-09