bgd 1 BA1713/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1713 OF 2011 Rajesh Baburamsingh Chauhan .... Applicant Vs. The State of Maharashtra .... Respondent Ms. Mallika Ingale for applicant. Mr. S.A. Shaikh APP for State. Coram : Smt. R.P.SondurBaldota, J. Date : 2nd December, 2011 P.C. 1. This is an application for bail filed by the accused in C.R. No. 371 of 2009 (Sessions Case No.84 of 2011) registered with Bangur Nagar Police Station, for the offences punishable under Sections 143, 144, 146, 147, 148, 149, 302 Indian Penal Code. The co-accused of the applicant are his wife and five of his workers. 2. The case of the prosecution is that on 12th December 2009, the applicant and others assaulted deceased, Imran with iron rod, bamboo bgd 2 BA1713/2011 etc. causing his death, in connection with which C.R. No.371 of 2009 was registered. There is a cross-case registered vide C.R. No.372 of 2009 on the same day for the offences punishable under Sections 452, 307 323, 504, 153, 146, 147, 148, 149 Indian Penal Code against deceased- Imran, Sikandar, Ranju Batla and 7-8 persons. 3. Perusal of the record shows that on 4th December 2009, the deceased had assaulted the applicant herein and one Noor Alam, co- accused of the applicant. The statements of witnesses Subhadara, Kusum and Sunil show that on the date of incident, Imran had gone to the shop of the applicant with a bamboo stick for assaulting the applicant and his employees. When the applicant’s employees came down to rescue the applicant, Imran started running away and was chased by the applicant and his employees. He was then assaulted by all. He sustained injuries to his head and succumbed to the injuries in the hospital. 4. Learned counsel for the applicant submits that the applicant was not aggressor in the incident. He was in fact trying to defend himself and in the process Imran sustained injuries leading to this death. She also points out that Imran was involved in four other cases, which are bgd 3 BA1713/2011 pending in different Courts. This fact is confirmed by the learned APP. 3. The applicant has been in custody since 31st January, 2011 when he surrendered himself. Except for him all the accused have been released on bail. The only anxiety on the part of the prosecution is about the availability of the applicant for trial. The applicant is a resident of Mumbai and has his business of imitation jewellery in Mumbai. He can be released on bail by subjecting him to suitable conditions. Hence, the application is allowed. O R D E R (i) The applicant be released on bail in Sessions Case No.84 of 2011 in the sum of Rs.40,000/- (Rupees Forty Thousands only) with one surety in the like amount. (ii) The applicant shall attend Bangur Nagar Police Station once a month on the first date of every month between 4 pm to 6 pm. (iii) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him for disclosing such facts to the Court bgd 4 BA1713/2011 or to any Police Officer. (iv) The applicant shall not leave India without the previous permission of the Court. (Smt. R.P.SondurBaldota, J)