1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION no.2287 OF 2009 Ganesh Devrao Kapse Versus State of Maharashtra and others. 1. Heard the counsel extensively. 2. The learned A.P.P. has tendered police papers and report dated 17th July, 2009 indicating other co-accused in the same offence being crime No.13 of 2009, are equipped with anticipatory bail. It remains only as against the accused/ applicant Ganesh Devrao Kapse. 3. At this stage of the matter, though the eye witnesses have implicated the accused/ applicant Ganesh to be instrumental at the material time of the incident, having taken place owing to general elections, the report of the investigating officer also illustrate that it was Devendra who assaulted the complainant resulting in dislocation of his two teeth, causing grievous hurt, involving offence under section 326 of the Indian Penal Code. There are other ingredients applied, like rioting, unlawful assembly. The investigation is virtually complete, the nature of the incident display recovery from the accused applicant is not warranted. There is nothing to indicate that the accused/ applicant has an earlier criminal 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. record, coupled with such activities. He is a permanent resident of village Batala, Taluka Bhokar, district Nanded. The survey of all the facts illustrate that the accused/ applicant herein needs also to be placed in the same situation where the co-accused are placed. Hence, the order. 4. In the event of arrest of accused/ applicant Ganesh S/o Devrao Kapse in Crime No.14 of 2009, he be released on his furnishing bail in the sum of Rs.15,000/- with P.R. Bond and surety in the like amount. 5. The applicant / accused shall attend concerned police station on every Tuesday between 10.00 a.m. to 05.00 p.m. for two months and coordinate with the investigator in the matter. The accused/ applicant shall not influence the witnesses. The Accused/ applicant shall not leave jurisdiction of Nanded district for six months. 6. Application is allowed in above terms. [K. U. CHANDIWAL, J.] Dated:20/07/2009. ans/2287