1 Cri.A.2325.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2325 OF 2011 Simran Bashir Shaikh, R/o Suryanagar, Savedi,Ahmednagar Tq. And District Ahmednagar. ...APPLICANT. VERSUS The State of Maharashtra, ...RESPONDENT. ... Shri.N.C.Garud,Advocate for Applicant. Shri.S.G.Nandedkar, A.P.P. for Respondent. ... CORAM: T.V.NALAWADE, J. DATE : 11TH JULY, 2011. PER COURT : 1. This application is filed for bail, in crime No. 158 of 2011, registered with Tofkhana Police Station, Ahmednagar, Ta. and District Ahmednagar, for the offence punishable under sections 302, 323, 504, and 506 read with section 34 of the Indian Penal Code. Papers of investigation were made available by APP. Both sides are heard. 2. Crime is registered on the basis of report given by Abhijit Popatrao Dalvi, son of the deceased Popat Dalvi. Incident took place on 06.05.2011, after 7.00 p. m. Allegations are made that present applicant and her two friend picked up quarrel with uncle of the complainant and his cousin 2 Cri.A.2325.11 Sachin and when uncle and Sachin started returning to shop of the applicant and other two assailants followed uncle and Sachin. It is allegation that when three assailants started assaulting to his uncle and cousin Sachin, the complainant and other cousin Akshay were there and father of complainant came there. Allegations are made that these three persons assaulted father of the complainant. Due to assault his father collapsed. Allegations are made that assault was made on the private part and chest of the deceased. 3. Papers like P.M. report show that there were injuries like abrasion over knee, elbow and also on private part. Death took place due to cardio respiratory failure due to testicular trauma. There are statements of eye witnesses and except statements of few witnesses, statements of witnesses namely, Mohnish Gopalrao Bokade and Shivaji Genuji Darkunde show that two boys had assaulted deceased mainly on chest and private part. Allegations are made by most of the witnesses against the present applicant that she had participated in the incident, when beating was given to uncle of the complainant and Sachin. Some witnesses have given omnibus statement that Popat was assaulted by all the three accused. 4. It was submitted for the applicant that she is behind bar for about two months and investigation is completed and nothing can be achieved by 3 Cri.A.2325.11 keeping her behind bar. 5. Evidence collected shows that out of petty quarrel incident took place. Assault was made by using fist blows and kicks. Applicant is girl aged about 23 years. In view of these circumstances, this Court holds that bail can be granted to the applicant subject to some conditions. So application is allowed. (i) The applicant in crime No. 158 of 2011, registered with Tofkhana Police Station, Ahmednagar, Ta. and District Ahmednagar, for the offence punishable under sections 302, 323, 504, and 506 read with section 34 of the Indian Penal Code be released on bail on her furnishing PR and SB of Rs. 15,000/-(Rupees Fifteen Thousand), on conditions that- (a) The applicant shall not enter the area of complainant Suryanagar, Savedi Ahemadnagar, Ta. And District Ahmednagar, till disposal of the case, if any, file against her in future. (b) The applicant shall not tamper with the prosecution witnesses . Sd/- [ T.V.NALAWADE, J.] MTK 4 Cri.A.2325.11