1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO.598/2011. (Rajesh Gyaniram Gajbhiye Vs. State of Mah. Thro. PSO PS Ramnagar, Gondia, Dist. Gondia) -------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. R.K. Tiwari, Advocate for the Applicant. Mr. S.S. Doifode, APP for the Non-Applicant/State. ----- CORAM: U.V. BAKRE, J. DATE: 20 TH OCTOBER, 2011. 1. Heard Mr. R.K. Tiwari, learned Advocate for the applicant and Mr. S.S. Doifode, learned A.P.P. for the Non- Applicant/State. 2. The applicant, who has been arrested on 04.12.2010 in Crime No.118/2010, registered at Police Station Ramnagar, Gondia for the offence punishable under Sections 147, 148, 149, 307, 302, 324, 325 of the Indian Penal, Section 135 and 37 (1) (3) of Bombay Police Act and Section 4 read with Section 25 of the Arms Act, has filed the present application for bail. 3. The charge-sheet has already been filed and it appears that the case is pending for framing of the charge. 4. The prosecution case in short is that on 04.12.2010, at about 07.00 p.m., the applicant and his 10-12 associates assaulted the complainant Shri Raju Neware and one Kamal Ajit 2 by means of sword and sticks and caused injury to them, due to which Kamal Ajit died on the next day, whereas the complainant has sustained serious bleeding injuries. 5. Upon perusal of the records it is seen that the role attributed to the present applicant is assault on the complainant Raju Neware with fists and kick blows. He does not appear to have participated in the incident of assault on the deceased. 6. Considering the facts that the charge has already been filed, in my view the present applicant is entitled to bail. 7. In the result, the applicant shall be released on bail in Crime No.118/2010 registered at Police Station Ramnagar, Gondia for the offence punishable under Sections 147, 148, 149, 307, 302, 324, 325 of the Indian Penal, Section 135 and 37 (1) (3) of Bombay Police Act and Section 4 read with Section 25 of the Arms Act, upon execution of personal recognition bond in the sum of Rs.30,000/- (Rupees Thirty Thousand only) with one solvent surety in the like amount under the condition that the applicant shall not tamper with the prosecution witnesses and shall not leave India with previous permission of the trial Court. 8. The application stands disposed of accordingly. Hamdast granted. JUDGE NSN