1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR . CRIMINAL APPLICATION NO.501/2010 Nilesh Babanrao Choudhary and others VS State of Mah, through P.S.O., P.S., Rajura, Dist. Chandrapur ______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. R.P.Joshi, Advocate for the applicant. Mr. V.A.Thakre, A.P.P. for the Respondent State. CORAM : A.H.JOSHI, J. DATE : 9th APRIL, 2010. 1. This is an application for regular bail. 2. The accused-applicants have been named in Crime No. 26 of 2010 under Sections 307, 294, 447, 324, 323, 427, 147, 148 and 149 of Indian Penal Code and under Section 3(1)(10) of the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3. It is alleged in the First Information Report that there was free fight in two groups. The victim has suffered various injuries. It is alleged that the injuries are such that victim Suraj had received three injuries, which were grave in nature and would have resulted in his death. 4. In this background, the accused persons have been considered involved in the offence under Section 307 IPC and other sections. 2 5. Heard both sides and perused the case diary. 6. Admittedly, it was a case of free fight in two groups on Rang Panchami day. Cross complaints have been filed. 7. Accused-applicant was assaulted by Suraj when he tried to intervene in the scuffle. 8. It is not in dispute that the accused persons have also suffered the injuries, for which Crime No. 27/2010 has been registered under Sections 324, 34 of I.P.C. against various accused persons. 9. Learned A.P.P. was called upon to explain in specific terms as to how and which injury is grievous and which would have, in ordinary course, resulted into death of victim Suraj. 10. Learned A.P.P. is not able to assert that the Injury Certificate pertaining to Suraj dated 01/3/2010, which describes all three injuries as compound lacerated would, are grievous. 11. It is urged that because the location of the injuries is below the ear and across the neck, it could have resulted into death of the victim. No further medical papers are brought before the Court to substantiate this plea. 12. None amongst these injuries is of incision or resulting into fracture to any bone. 3 13. The injuries suffered by other victims are also in the nature of laceration and contusion. 14. Even accepting everything that the prosecution has collected, prima facie, against the accused, it does not emerge the case of offence under Section 307 IPC. 15. In the result, the applicants have made out a case for grant of bail. 16. The applicants be released on bail on furnishing personal bond and solvent surety in the sum of Rs.5,000/- each. Judge //Diwale//