1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (B.A.) No. 502/2011 Mohd. Altaf S/o. Mohd. Majhar V/s.. The State of Maharashtra through P.S.O. Akot Fail, Akot, Dist. Akola Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. CORAM : U.V. BAKRE, J. DATED : 04.10.2011. 1. Heard Mr. R. M. Daga, learned Advocate for the Applicant and Mr. N. R. Rode, learned A.P.P. for the Non-Applicant. 2. The applicant, who has been arrested on 01/05/2010 in Crime No. 33/2010 of Akot Fail Police Station registered for offence punishable under Sections 147, 148, 307, 302, 109, 120-B read with Section 149 of the Indian Penal Code, Sections 3 and 4 read with Section 25 of the Arms Act and Section 135 of the Bombay Police Act, has filed the present application for bail. 3. The case of the prosecution in short is that about 22 persons had assaulted one Nasirkhan with deadly weapons and when his younger brother Nisarkhan came for rescue he was also assaulted and in this incident, said Nasirkhan died. 2 4. It is seen that the First Information Report (F.I.R.) was filed by Wahida Khatoon Wald Jamirkhan. The name of the present applicant does not figure in respect of the first two incidents but the same figures in the last incident only along with others. It is however not stated as to what type of weapon was used by which person, though generally it is stated that Sword, Katta and iron pipes were used. An iron rod has been attached at the instance of the applicant. 5. It is seen that the injured Nisarkhan had given a statement to the Executive Magistrate, wherein he had named Vazir Master, Shaikh Ajiz and the present applicant along with others, saying they had all assaulted his brother. Said Vazir Khan @ Vazir Master has already been released on bail by order of this Court dated 7/9/2011 in Criminal Application No. 1255/2010. The co-accused Shaikh Aziz as well as Nilofar have also been released on bail by the Additional Sessions Judge. 6. The present applicant was allegedly having an iron rod which has been attached at his instance. However, as per the C.A. Report, no blood is detected on the iron rod. Charge-sheet has already been filed and the present applicant is in custody for the last about 15 months. In view of the circumstances above, I am of the view that the applicant is now entitled for bail. 3 7. In the result, the application is allowed. The applicant shall be released on bail in Crime No. 33/2010 of Akot Fail Police Station upon execution of personal recognition bond in the sum of Rs. 30,000/- (Rupees Thirty Thousand only) with one solvent surety in the like amount under the condition that the applicant shall not tamper with the prosecution witnesses and shall not try to contact the said witnesses in any manner. 8. It is made clear that the application/s filed by other co-accused, if any, shall be decided on their own merits. Application stands disposed of accordingly. JUDGE Punde.