1 BA: 1781/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1781 OF 2011 Manish Ballya Masagalla .... Applicant (Original Accused no.3) Vs. The State of Maharashtra .... Respondent Mr. Shaunak Mehta for applicant. Mr. S.A. Shaikh APP for State. Coram : Smt. R.P.SondurBaldota, J. Date : 2nd December, 2011 P.C. 1. The applicant is arrested in C.R. No.8 of 2011 registered with Malwani Police Station, Mumbai for the offences punishable under Sections 302, 323, 504, 506 read with 34 Indian Penal Code along with one Sarfaraj alias Babu Kamal Solkar. The brief story of the prosecution is that on 8th January 2011 at about 6 pm. when complainant’s son, Aftab was playing outside his residence, the applicant herein along with co-accused came there and started abusing Aftab in connection with the incident that had taken place three months 2 BA: 1781/2011 back. The people in the locality gathered and tried to intervene. They included the complainant, father of Babu, Chhotu and Shaukat. The applicant herein and Sandip Sharma assaulted the persons trying to intervene. Co-accused Babu assaulted Chhotu on his head with a stick, as a consequence of which Chhotu fell down unconscious, and later died in the hospital. 2. Perusal of the record shows that there is no specific allegation made against the applicant of giving blows to Chhotu. The allegation is that the applicant along with Sandip had assaulted all the persons present with bricks. The learned counsel for the applicant produces xerox of certified copy of the order dated 30th November 2011 passed by the Sessions Court on bail application at Exhibit 19, in S.C.C. No. 105 of 2011 releasing Babu on bail in the sum of Rs.1.00 lac. Since the main accused has been released on bail, the applicant herein is entitled to be released on bail. The learned APP expresses apprehension as regards tampering of the witnesses. Perusal of the record shows that the applicant is not a resident of the area in which the incident took place. Hence, the order: 3 BA: 1781/2011 O R D E R (i) The applicant be released on bail in the sum of Rs.50,000/- (Rupees Fifty Thousands only) with one surety in the like amount. (ii) The applicant shall not return to the place of the incident until completion of the trial. (iii) He shall not leave the jurisdiction of the Sessions Court, without prior permission of the Court. (iv) He shall punctually attend the Court and not mis-use his liberty by remaining absent. His consecutive absence of two days before the trial Court will be a ground for cancellation of bail. (iii) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him for disclosing such facts to the Court or to any Police Officer. (Smt. R.P.SondurBaldota, J)