1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 1814 OF 2010 (Rajesh Mahadeorao Chaware and others .v. State of Maharashtra) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri A.K. Choube, Advocate for the applicants. Shri P.V. Bhoyar, APP for the respondent/State. CORAM : PRASANNA B. VARALE, J. 18TH NOVEMBER, 2010. Heard. By way of present application, the applicants are seeking regular bail for the offence punishable under Sections 307, 448, 406 read with Section 34 of the Indian Penal Code vide Crime No.201/2010 registered with the Police Station, Kalmeshwar. Insofar as applicant No.2-Namdeo Laxman Chaware is concerned, the learned Counsel for the applicants does not press the same and seeks permission to withdraw the same. Permission granted. Criminal Application insofar as applicant No.2- Namdeo Laxman Chaware is concerned, is accordingly allowed to be withdrawn and is disposed of as such. Learned Counsel for the applicants by inviting my attention to the report dated 16.10.2010 submits that even bare perusal of the report would reveal that the victim i.e. father of the complainant Chaitram was assaulted by one Munna Parteki. He further submits that as far as the applicants are concerned, the allegations against these applicants are that there was a quarrel between the complainant Vinayak and these applicants on petty ground. He further submits that the assault on Chaitram is attributed to Munna who was armed with sickle; whereas the applicants were unarmed. Learned Counsel for the applicants further submits that only because of the earlier rivalry, the applicants are involved in the said incident. Learned APP has filed the reply and made available to 2 this Court the papers of investigation. It is submitted by the learned APP that there is strong material against these applicants in the nature of the statements recorded by the investigating agency. Perusal of these statements of eye witnesses as well as victim Chaitram reveal that there is no specific mention about the role played by applicant No.1-Rajesh and applicant No.3-Ramesh. In the statements, it is stated that these persons were present and assaulted Chaitram with sticks and fist blows. It is stated by injured Chaitram that applicant No.2-Namdeo caught hold him and Munna assaulted him with sickle. Learned Counsel for the applicants submits that the victim Chaitram is discharged from the hospital. He further submits that the applicants are ready to cooperate with the investigating agency and there is no chance of leaving their usual places of residence as they are agriculturists. In view of the record and the material placed by the investigating agency, it is clear that the role attributed against the applicants Rajesh and Ramesh is only their presence and fist blows given to Chaitram; whereas main assailant Munna assaulted Chaitram with sickle and applicant No.2-Namdeo caught hold Chaitram. The apprehension expressed by the investigating agency that the applicants will not be available for investigation, can be taken care of by putting the applicants on conditions. Learned Counsel for the applicants submits that the investigation is almost completed and there is no need to keep the applicants behind the bars for indefinite period. In view of the reply filed by the State and the record produced by the investigating agency, the applicants deserve to be released on bail. In the result, the application is allowed. The applicant Nos.1 and 3/Rajesh Mahadeorao Chaware and Ramesh Gulab Bansod respectively be released on bail on furnishing PR bond of Rs.20,000/- (rupees twenty thousand only) each with one surety 3 each in the like amount, on the following conditions. (i) The applicants to cooperate with the investigating agency and attend the Police Station, Kalmeshwar on every 1st and 3rd Sunday between 09:00 a.m. and 12:00 noon. (ii) The applicants shall not tamper with the evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. (iii) The applicants to submit their residential addresses and their contact numbers such as phone/mobile numbers to the investigating agency. (iv) In case the applicants are moving out of the area of Police Station, Kalmeshwar, they shall inform the Police Station about their visit to other place. In case of breach of these conditions, the prosecution agency to take necessary steps in accordance with the provisions of law. JUDGE *rrg.