1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3998 OF 2009 Shaikh Jawed S/o.Sk.Jalil, Age-40 years, Occu-Business, R/o.Karkheli, Tq.Dharmabad, Dist. Nanded. APPLICANT VERSUS 1. The State of Maharashtra, Through Police Station, Dharmabad, Dist. Nanded. 2. The Superintendent of Police, Nanded, Dist. Nanded. RESPONDENTS Mr.U.B.Bilolikar, learned counsel for the applicant. Mr.N.R.Shaikh, learned APP for respondents/State (CORAM : A.V.POTDAR, J.) DATE : 21/11/2009 PER COURT : 1. By the present application, the applicant herein has prayed to release him on anticipatory bail in the event of his arrest in connection with CR No.78/2009 registered in Dharmabad Police Station of Dist.Nanded. As the notice of this application is already given to the prosecution, the papers of investigation till carried out are placed before me for my perusal. Heard learned counsel 2 appearing for the applicant followed by the submissions of learned APP appearing for the State. Perused the papers of investigation till carried out. 2. The papers of investigation shows that like an offence registered against this applicant, the complainant in this offence i.e. CR No. 78/2009, another complaint was registered against the complainant and his associates vide CR No.77/2009 by these applicants. So far as the sections which were under this complaint lodged by this applicant are same like in the complaint which is lodged against this applicant also. The alleged incident appeared to be occurred on 11/09/2009 at about 9.00 a.m. When there are counter complaints, it is necessary to consider which party is aggressive, but considering the nature of accusation as alleged in both the complaints, it appears that both the parties have played the equal role at least as per the paper work carried out by the same Investigation Officer and if it is so, considering the vague allegations against the applicant, a case is made out to use the discretion. In the premise, this application require following order : O R D E R 1. Application is hereby allowed. 2. In the event of arrest of the present applicant in connection with Crime No.78/2009 registered in Dharmabad Police Station, the applicant accused be released on bail on furnishing surety in the sum of Rs.10,000/- and on executing the PR bond in the like amount. This protection is given for the period of 4 weeks from 3 today. 3. Within meantime, if the applicant desire, he may apply for regular bail. 4. Applicant not to contact or tamper with the prosecution witnesses. 5. Applicant to given attendance to the police station during the period of 4 weeks on every Sunday in between 3.00 to 5.00 p.m. till filing of the charge sheet. 6. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/NOV 2009/cri.appl.3998-09