1 ba 1295 of 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1295 OF 2011 Vishal Anil Matunge .. Applicant. -versus The State of Maharashtra .. Respondent. Mr. S. R. Borulkar, i/b Mr. Sachin Patil, for the Applicant. Mrs P. P. Bhosale, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 24th August, 2011 P.C. 1. This is an application for bail by applicant who is alleged to have launched murderous assault on the first informant Vikas Deokar. The story which is unfolded in the F.I.R. is that the applicant came to the place where the first informant-victim was sitting with his friends and asked first informant to board the applicant's motorcycle. First informant refused, therefore, the applicant hit first informant with dagger on the chest. The pillion rider hit the first informant with sword on the stomach leading to injuries on the chest and stomach. The other accused persons also alleged to have come to the spot and hit the victim. Among the others Sangram Nikam, had hit the victim with sword on the back. Though in the F.I.R. the name of pillion rider is not mentioned, 2 ba 1295 of 2011 the statement of one Sunny Sale, who was also injured in the assault shows that the applicant hit the first informant with dagger on chest and abdomen and Nitin Trimukhe who had also alighted from the motorcycle hit the victim with sword. Thus, the person who assaulted the victim with sword and who has not been named in the F.I.R. is Nithin Trimukhe. The injury certificate of first informant shows two incise wounds on left supra mammary area region and infra mammary region which were found by the Medical Officer to be grievous. One of these two injuries could be attributed to the assault by Trimukhe. Trimukhe has been bailed out by the learned Additional Sessions Judge by order dated 23rd June, 2011. The weapons had been recovered at the instance of Trimukhe. In view of this it is not clear as to why the applicant should be denied bail though according to learned APP applicant is the person, who instigated the others to assault the victim. The learned APP submits that if applicant is bailed out, he may tamper the witnesses or create trouble for first informant. However, this may be taken care of, by imposing suitable conditions on the applicant. In view of this, application is allowed. The applicant arrested in C.R. No. 39 of 2011, registered with Rajarampuri Police Station, Kolhapur, be released on bail on his furnishing P.R. bond in the sum of Rs. 50,000/- with one or more solvent sureties in the aggregate sum of Rs.50,000/- on the condition that the applicant shall 3 ba 1295 of 2011 scrupulously keep himself outside the jurisdiction of Rajarampuri and Subhash Nagar Police Stations of Kolhapur, and shall report at Rajarampuri police Station on first Sunday of every month between 10.00 a.m. to 1.00 p.m., initially for a period of one year and thereafter on the first Sunday of January and July of each year, till the trial is over. (R. C. CHAVAN, J.)