(1) CRI.APP. 3787.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3787 OF 2010 Saddam alias Hussain Balasaheb Shaikh, Age : 19 years, Occu.: Education, R/o : Samata Nagar, Dam Road, Udgir, Tq. : Udgir, Dist.: Latur .. Applicant VERSUS The State of Maharashtra Through Police Station (Rural), Udgir, Tq. Udgir, Dist. Latur (Copy to be served on the Public Prosecutor, High Court of Bombay, Bench at Aurangabad) .. Respondent ... Mr. K.M. Babhulgaonkar, Advocate h/f. Mr. P.G. Rodge, Advocate for the Applicant Mr. V.D. Godbharle, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 8TH OCTOBER, 2010 ORAL ORDER:- 1. This is an Application for bail. 2. The applicant is arrested in connection with crime no. 109 of 2010 registered at Udgir Gramin Police Station for offences punishable under section 325, 326, 452, 147, 148, 149, 324, 323, 504 and 506 of the Indian Penal Code. (2) CRI.APP. 3787.2010 3. The incident giving rise to the prosecution occurred in the evening of 17th July, 2010. Informant Rajkumar had gone to house of his maternal uncle in that evening and both of them were chit-chating on the terrace of the house when 7-8 persons barged in the house. They took up a quarrel with his maternal uncle for the reason that their she-goat had died. It is stated that the applicant dealt a blow of iron rod on the head of the informant Rajkumar, whereas the others assaulted his maternal uncle. 4. The learned Advocate for the applicant would submit that the other co-accused have been released on bail by the Court of Sessions and the applicant therefore deserves same treatment on basis of parity. Learned APP however submits that the applicant is likely to terrorise the witnesses if is released on bail. 5. What appears from the recitals of the FIR and the investigation papers is that injured Rajkumar had gone to house of his maternal uncle in the (3) CRI.APP. 3787.2010 relevant evening for casual visit. There was no enmity between applicant and the injured Rajkumar. The applicant and his co-accused had gone to the place with a view to obtain explanation of maternal uncle of informant Rajkumar in respect of death of their she-goat. It is probable that all of them had decided to assault the maternal uncle of informant Rajkumar but when the informant intervened and asked them not to abuse the maternal uncle, the applicant dealt blow of iron rod on his head. 6. The applicant is a young person and had no personal enmity with injured Rajkumar. His detention is not necessary for the purpose of effective investigation. Considering these aspects, it would be appropriate to release the applicant on bail by putting certain conditions so as to dispel the fear of his terrorising of the witnesses and tampering with the prosecution evidence. 7. In the result, the Application is allowed. The applicant is directed to be released on bail on furnishing of bail bond in sum of Rs.20,000/- (4) CRI.APP. 3787.2010 (Rs. Twenty Thousand) with one solvent surety bond in the like sum to the satisfaction of the Court of Sessions at Udgir and on further condition that he shall not enter the limits of Udgir Taluka till the Sessions trial is over, except on the dates of hearing of the said Sessions case. He shall give such undertaking to the Court of Sessions while furnishing the bail bond. He shall not contact any of the prosecution witness and shall make no attempt to tamper with the evidence of the prosecution. If any of the conditions is found to be breached, then the bail order may be revoked. Application disposed of. Sd/- [V.R. KINGAONKAR, J.] arp