1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.1460 OF 2009. 1. Suresh S/o Tatyarao Gaikwad. 2. Kishor S/o Ramnath Wane. ...Applicants. VERSUS The State of Maharashtra ...Respondent. ... Mr.A.N.Nagargoje, Advocate for the applicants. Mrs. R.R.Mane, APP for the respondent. ... CORAM: A.V.NIRGUDE, J. Date : 15th June, 2009. COURT'S ORDER: 1. The applicants are seeking bail in crime No.I-172009 registered by Virgaon Police Station, Tq.Vaijapur, Dist.Aurangabad. The applicants and other accused are charged under Sections302, 307 r/w 34. 2. The prosecution case, from the police papers, in short can be narrated as under: . The deceased Haribhau was opposing to a 2 marriage proposal between Haribhau's cousin with the accused No.1 Appasaheb. On account of this opposition, accused Appasaheb nurtured grudge against the deceased. Even the mother of the bride, i.e. the maternal aunt of Haribhau favoured alliance between the accused No.1 and her daughter. The incident took place in the night between 8th and 9th March, 2009. The prosecution case indicates that accused Appasaheb and the present applicants went to meet the accused Shobhabai the maternal aunt of the deceased. In presence of a witness, the accused Shobhabai made phone call to the deceased and asked him as to which road he was using to come to her house. She then had talk with the accused No.1 and the present applicants. The accused No.1 and the present applicants then riding their motorcycle, went away. 3. Deceased Haribhau and his two companions, the prosecution witnesses Subhash and Sanjay during that night were together and were riding one motorcycle. Suddenly, they noticed three persons who attacked them. Witnesses Sanjay recognised one of the assailants as the accused No.1, but he did not name the other two assailants. The attack was so sudden that both Subhash and Sanjay lost their consciousness within few seconds. They found themselves in a 3 hospital taking treatment, where their statements were recorded initially. During their first statements, they indicated that they did not know the other two assailants. Even in their statements, which the police recorded as supplementary statements few days after they came out of the hospital, they clearly indicated that they did not know the applicants since prior to the incident. Admittedly there is no identification parade held. It is thus clear that the eye witnesses who sustained injury at the time of the incident are unable to pin point the involvement of the present applicants in the incident. The statement of witness Indubai who saw two unknown persons in the company of Appasaheb, did not get an opportunity to identify the applicants as the companions of Appasaheb. There is no other material, such as recovery of blood stained clothes from the applicants or weapons etc.. The applicants deserve bail. The application is allowed. i] The applicants are released on bail of Rs. 10,000/- (Rs.Ten Thousand only), each, with one surety in the like amount, each. (A.V.NIRGUDE, J.) lkp 4