1 BA 1480-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1480 OF 2011 Bhiwaji Shripati Mudekar .Applicant V/s. The State of Maharashtra .Respondent Mr.E.R.Naik & Namrata Jain, Advocate, for the Applicant Mrs.S.D.Shinde, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 5TH OCTOBER, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for bail by accused Bhiwaji, who along with others had assaulted Tukaram Ganpati Mudekar. The applicant was involved in the incident after the victim was dragged by Pandurang Shankar Mane and Sagar Shamrao Jadhav from Tukaram's house. The applicant is also stated to have assaulted the victim with stick along with 2 BA 1480-2011 others. There are four eye witnesses to the incident. Thereafter, when the first informant was carrying the victim on the motor cycle to the hospital, the applicant along with Pandurang Mane had again stopped the motor cycle, abused and beaten up the first informant. The victim was pronounced dead after being taken to C.P.R.Hospital, Kolhapur. The learned Counsel for the applicant states that there are only three injuries on the person of the victim including a contused lacerated wounds 2 cm x 1 cm deep with fracture of skull bone. He submits that the clothes of his client which were seized did not have stains of blood. Therefore, according to him, complicity of the applicant is not indicated. As rightly pointed out by the learned APP there are four witnesses, who have named the applicant as having indulged in the assault on victim, apart from the fact that the first informant has elaborately described as to how the applicant had 3 BA 1480-2011 assaulted the victim and then stopped the first informant from taking the victim to hospital. Considering the nature of allegations made though investigation is complete and charge sheet has been, Bail Application stands rejected. (R.C.CHAVAN, J.)