IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR CRIMINAL APPLICATION NO.1353/2008 Prafulla Bakal ..vs. State =================================== CORAM: S.R. DONGAONKAR, J. DATE:2.5.2008 Heard Mr. Bhide, Advocate for the applicant and Mr. Patel, A.P.P. for state. This is an application under section 439 of Cr.P.C. for grant of bail. The applicant has been arrested for the offence u/s 307, 606, r/w 34 of I.P.C. and section 4/25 of the Arms Act in Crime No. 29/2008 of P.S. Tamgaon. In the application it is stated that at the relevant time the victim and his family members armed with deadly weapons like sword, sticks etc. had assaulted his elder brother by name Ananta he had gone to save him. It is also stated that Ananta was seriously injured. Applicants were also injured. They were admitted in the hospital. Offence u/s 147, 148, 149, 324, 326, 352 of I.P.C. and section 135 of the Bombay Police Act were registered against the victim and others. It is also pointed out that the assailants had applied for anticipatory bail and presently they are on bail which is now confirmed by the Sessions Court. Thus the assailants who had assaulted the brother of the applicant as well as applicant are on anticipatory bail. It would be seen from the documents filed by applicant on record that the injuries caused to the brother of the applicant Ananta were on vital part of the body and the stitches were also required for treatment of those injuries. In these circumstances, it appears that there are counter cases between the parties for the serious offence under section 326 and 307 of I.P.C. Considering the totality of the circumstances of the case, the applicants would be entitled for bail, however with conditions . Applicants be released on bail on furnishing surety and PRB of of Rs.25000/- subject to condition that he shall not directly or indirectly or indirectly tamper with the prosecution evidence and shall report at P.S.Tamgaon on first Sunday of each month until further orders or till the trial is over, which ever is earlier. Bail in lower court. Application stands disposed of. JUDGE smp.