1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4281/2009 Gautam s/o Prem Gaikwad ...Applicant Versus The State of Maharashtra ...Respondents. ........ Shri R.S. Shinde, Advocate for applicant. Shri B.J. Sonawane, A.P.P. for respondents. CORAM : A.V. POTDAR, J. Date : 16/12/2009 Per Court :- 1. By the present application, the applicant has approached this Court for his release on anticipatory bail in the event of his arrest in connection with Crime No. 233/2009 registered in City Police station, Dhule for offences punishable under Section 307, 147, 148, 149 of Indian Penal Code. 2. Heard learned counsel appearing for applicant followed by submissions of learned A.P.P.. Perused the police papers of investigation till carried out. 3. Considering the statements recorded by police as well as perusal of the 2 papers of investigation, it appears that the offences under said crime have been registered in City Police station, Dhule on the complaint of one Vijay Shriram Ahire. On perusal of complaint, other than the presence of the present applicant neither any act or role played by him is disclosed in the complaint. According to the learned counsel appearing for applicant, the complaint is silent about any role played by present applicant in the offence. Mere his presence is shown in the complaint and hence the applicant is entitled for anticipatory bail. 4. Learned A.P.P. opposed bail on the ground that the applicant is history sheeter. There are offences to his credit. If the applicant is released on anticipatory bail, there is every likelihood that he may tamper evidence to be collected by investigating agency. 5. Considering these submissions and perusal of papers particularly perusal of complaint, nowhere any act or overt act reflects at the hands of this applicant other than his name mentioned in the complaint. So far as injuries sustained by the associates of the complainant is concerned, except the act committed by nephew of the applicant and assault by some other persons, 3 nothing is attributed about act by present applicant. Case is made to exercise discretion under Section 438 of Cr.P.C.. Hence, order :- ORDER 1. The application is allowed. 2. The applicant be released on bail in the event of his arrest in connection with Crime No.233/2009 registered in City police station, Dhule on furnishing surety in the sum of Rs.15,000/- and on executing personal bond in the like amount. 3. After releasing on bail, in case he is required, the applicant to give attendance to City police station, Dhule on written requisition by the concerned Investigating officer. 4. The applicant not to contact witnesses whose statements are already recorded. 5. The application stands disposed of accordingly. [A.V. POTDAR, J.] tsk/criapln4281.09 4