1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 1792 OF 2010 (Vicky @ Ravi Gajanan Mokalkar .v. State of Maharashtra) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri B.B. Meshram, Advocate for the applicant. Smt. A.R. Taywade, APP for the respondent/State. CORAM : PRASANNA B. VARALE, J. 10TH DECEMBER, 2010. Heard. By way of present application, the applicant is seeking regular bail for the offence punishable under Sections 307, 147, 148, 149 and 504, 302 read with Section 34 of the Indian Penal Code vide Crime No.74/2010 registered with the Police Station, Borgaon Manju, District Akola. Learned Counsel for the applicant submits that a bare perusal of FIR would reveal that neither the name of the applicant is mentioned in the report nor any role is attributed to the applicant. He further submits that the applicant is a college going student and prosecuting his studies. He further submits that as there is previous enmity between the parties, the applicant is falsely involved in the said crime. He further submits that as there is no material against the applicant, there is no reason for keeping the applicant behind the bars and as such the applicant is entitled to be released on bail. Per contra, learned APP has strongly opposed the application by filing reply on behalf of the State. Learned APP has produced material before me. She invites my attention to the statements of the witnesses recorded by the investigating agency who were present on the spot and stated that the applicant has participated in the act of assault on the victim. It is further stated in the statements that the applicant was armed with stick and the same stick was recovered at the instance of the applicant. Learned APP further submits that apart from the statements of the relatives 2 of victim, the statements of independent witnesses including the statement of Pintu who is the resident of same locality reveals that the applicant was armed with stick and made assault on the victim. She invites my attention to the medical certificate which reveals that the victim received nearly 14 injuries on head and abdomen. She further submits that the applicant has actively participated in the attack. She again submits that in view of the previous enmity between the parties, if the applicant is released on bail, there is an apprehension that the applicant may hamper the investigation or pressurize the witnesses. In view of the submissions of the learned APP and the material placed before me, I am of the opinion that this is not a fit case to enlarge the applicant on bail. In the result, the application is rejected. JUDGE *rrg.