1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2292 OF 2010 1. Sumit @ Smit S/o.Mahesh Mistri, Age-21 years, Occu-Education/Labour, 2. Sagar S/o.Ramesh Mistri, Age-21 years, Occu-Education/Labour, Both are R/o.Rajendra Sushi Nagar, Near Wakharkar Nagar, Dhule, Tq.& Dist.Dhule APPLICANTS VERSUS The State of Maharashtra RESPONDENT Mr.N.L.Choudhari, learned counsel for applicants Mr.S.G.Nandedkar, learned APP for State CORAM : A.V.POTDAR, J. DATE : 16/07/2010 PER COURT : 1. By the present application, the applicants have approached this Court for their release on bail in connection with CR No. 175/2010, registered in Azad Nagar Police Station, Dhule, in which these applicants, came to be arrested on 31/05/2010. 2 2. Heard learned counsel for applicants, learned APP for State. Perused the papers of investigation till carried out. 3. The offence was registered on the basis of complaint lodged by one Suresh Zumbarrao Yadav about the incident took place in the evening of 26/05/2010 around 9.00 p.m. The complainant claims that he is one of the leader of National Congress Party and father of the first applicant Mahesh is working for the rival political group belongs to Shivsena. At the time of incident, these two applicants and 4 others had been to his house. These applicants were holding stick and iron pipe in their hands and they inquired him as to why the complainant is interfering in the local politics. On that ground, scuffle took place between the applicants party and complainant and during that scuffle, he was assaulted by these applicants and their associates and during that process, golden locket weighing 18 gms. was snatched by the first applicant. 4. The complainant was medically examined after the incident. Even though the allegations lavelled against these applicants were corroborated by the statements of other eye witnesses, but they are 3 stereo type statements. Even though there are allegations against second applicant that he was holding iron pipe in his hand, it is to be noted that neither complainant nor the so called eye witnesses stated in their statements that this applicant used iron pipe to assault the complainant. Even though for more than 50 days, these applicants are in the custody of investigation agency, the iron pipe, which was allegedly used in the crime, was not recovered at the instance of second applicant, and was recovered at the instance of somebody else. The golden locket, which was snatched by the first applicant during the scuffle, was also not recovered from the first applicant. The evidence is not on record to show that there is political rivalry between the two groups. It is also alleged that at the time of incident, Mahesh Mistri was not present at all, but at the relevant time, he was in Surat, in the marriage ceremony of his relative. It is to be noted that as this Mahesh is not applicant before this Court, whether he was present or not, it need not to be tested at this juncture, but considering the way and manner in which the incident had occurred, and the investigation carried out, case is made out to enlarge the applicants on bail, but on putting certain conditions, hence order - 4 O R D E R 1. Application is allowed. 2. Applicants be released on bail on their furnishing surety in the sum of Rs.15,000/- each and on executing PR bonds in the like amount. 3. After their release on bail, till filing of the charge sheet, applicants not to enter the area of Dhule, known as Wakharkar Nagar. 4. Applicants are at liberty to apply for relaxation of this condition after filing of the charge sheet. 5. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JULY 2010/cri-appl-2292-10