IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 3724 of 2009 Chatur and ors v. State of Maharashtra ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr A.S. Manohar, Adv for applicants Mr Adgokar, APP for State Coram : A.P. Bhangale, J Dated : 2nd February 2010 1. Heard learned counsel for applicants and learned APP for State. Applicants are seeking bail in Crime No. 164/09 registered with Police Station, Samudrapur, District Wardha under Sections 147, 148, 149, 307 and 324 of the Indian Penal Code. 2. Learned counsel for the applicants contended that the complainant party who lodged complaint against the applicant, is a rival group against whom cross complaint under Section 324 IPC is also registered. Except naming applicants as members of unlawful assembly armed with weapons, there is no material allegation against the applicants and no active role has been attributed to them. In the FIR, it is alleged that one Anil Raut assaulted Chandrashekhar by means of axe on his head. Hence, accusation under Section 307 IPC is against Anil Raut specifically. Under these circumstances, learned counsel for applicants prays for conditional bail. 3. Learned APP opposed the application on the ground that accusations are serious in nature and one of the witnesses Chandrashekhar had received grievous injuries while in the course of investigation it was revealed that applicants had caught hold of injured Chandrashekhar before he was assaulted. 4. Looking to the earlier version as reflected in the First Information Report, no such accusations were made against the applicants. Possibility of improvement in such kind of cases cannot be overruled when cross complaints are made. At any rate, this is a fit case for grant of bail to the applicants. Hence, the following order. 5. Applicants be released on bail in Crime No. 164/09 registered with Police Station, Samudrapur, District Wardha under Sections 147, 148, 149, 307 and 324 of the Indian Penal Code upon their executing PR Bond in the sum of Rs. 25,000/- each with one or more sureties in the like amount. Applicants shall not try to tamper with prosecution evidence in any manner. They will attend Investigating Officer for interrogation as and when necessary till investigation is over. After filing of charge-sheet, applicants shall attend each date of trial. Applicants shall leave their fixed address with the Investigating Officer together with their telephone/cell phone number (if any) and shall communicate change therein, if any, in future. Application stands disposed of. Hamdast. Judge. hsj