cra3089.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3089 OF 2011 Nandraj @ Balya s/o Viju Kute, Age-23 years, Occu:Agriculture, R/o-Miri, Tq-Pathardi, Dist-Ahmednagar. ...APPLICANT. VERSUS The State of Maharashtra ...RESPONDENT. ... Smt.Sadhana S. Jadhav Advocate for Applicant. Shri.G.R. Ingole, A.P.P. for Respondent. ... CORAM: T.V. NALAWADE, J. DATE : 28TH JULY, 2011 PER COURT : 1. This Application is filed for bail in C.R. No.208 of 2011 registered in Pathardi Police Station, Dist-Ahmednagar, for the offences punishable under Sections 302, 323, 504, 506 read cra3089.11 2 with 34 of the Indian Penal Code and Sections 3 (1)(10), 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The papers of investigation were made available. Both the sides are heard. 2. The crime is registered on the basis of report given by one Shridhar Kale, brother of deceased. The incident took place on 27th May, 2011. On that day the deceased Shrimant had visited Dhaba of one Dada Karbhari Gund and there was quarrel between Dada Karbhari Gund and deceased. Allegations are made that after this quarrel, near S.T. Stand, in the presence of Padma, wife of the deceased, beating was given to the deceased. Main allegations are against Dada Karbhari Gund that he gave kick on the private part of the deceased and he virtually threw the deceased on the road after lifting him. Name of the present Applicant is taken as associate of Dada Karbhari Gund. cra3089.11 3 3. Advocate of the Applicant submitted that prior to the registration of present crime, Dada Karbhari Gund had given report against the deceased and C.R. No.207 of 2011 was registered on the basis of the report, on 27th May, 2011 itself under Sections 324, 323, 504 read with 34 of the Indian Penal Code. Copy of that report is produced. Name of present Applicant is not mentioned in the report of Dada Gund, as a witness. The P.M. report shows that the death took place due to 'Hemorrhagic shock due to spleenic rupture with head injury'. Injuries like multiple abrasions were found on back and shoulder of the deceased. There was intracranial hemorrhage at temporal and occipital region. 4. In view of the aforesaid circumstances, this Court holds that subject to some conditions, bail can be granted to the Applicant. So, the Criminal Application is allowed. The Applicant is cra3089.11 4 to be released on bail in C.R. No.208 of 2011 registered in Pathardi Police Station, Dist- Ahmednagar, for the offences punishable under Sections 302, 323, 504, 506 read with 34 of the Indian Penal Code and Sections 3 (1)(10), 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, on his furnishing P.R. and S.B. of Rs.15,000/- (Rupees Fifteen Thousand). He is not to tamper with the prosecution witnesses. [T.V. NALAWADE, J.] asb/JULY11