(1) CRI.APP. 3613.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3613 OF 2010 1. Madhukar S/o Namdeo Jadhav Age : 22 years, Occu.: Labour, R/o Jakhani Tanda Tq. Tuljapur District : Osmanabad 2. Ajij S/o Fazal Sayyad Age : 25 years, Occu.: Labour, R/o Naldurg, Tq. Tuljapur, District : Osmanabad 3. Rajendra S/o Bhimrao Kamble Age : 35 years, Occu.: Labour, R/o Toarmba Tq. Lohara, District : Osmanabad .. Applicants VERSUS The State of Maharashtra Through Police Inspector, Police Station Kasar Shirshi Tq. Nilanga Dist. Latur (Copy to be served on P.P. High Court, Aurangabad) .. Respondent Mr. N.L. Jadhav, Advocate for the Applicants Mr. N.H. Borade, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 13TH SEPTEMBER, 2010 ORAL ORDER:- 1. Heard. 2. The Application is for bail. (2) CRI.APP. 3613.2010 3. The Application is not being pressed in respect of applicant no.2 Ajij. Therefore, the Application of applicant no.2 Ajij stands dismissed as withdrawn. 4. Sofar as the other two applicants are concerned, the allegation is that the applicant no.3 desired to marry Vandana who is the daughter of Gunwant Poste but he was not ready for such matrimonial relationship of them. The applicant no.1 and applicant no.3 had decided to teach a lesson to said Gunwant Poste and for such purpose they hired applicant no.2. It is alleged that some un- identified person reached a polythene bag at house of Datta Sonkamble by handing over the bag to a minor girl by name Prachi. The bag contained five gelatin detonators. The plan was hatched up to threaten said Gunwant Poste for sending of Vandana to the house of applicant no.3. 5. It appears from the investigation papers that there is no evidence to implicate the applicants (3) CRI.APP. 3613.2010 1 and 3 except the evidence in respect of their motive to cause threat to said Gunwant Poste to terrorise him for the purpose of sending his daughter Vandana to the house of the applicant no.3. It appears that no witness had found the applicant no.1 and 3 nearby house of Datta Sonkamble in the relevant noon. The polythene bag was given to the minor child. It was found that some unknown person had gone towards the house on motorcycle. Two persons traveling on the motorcycle contacted the minor school going girl Prachi Sonkamble. She was given the polythene bag alongwith sum of Rs.10/- for purchasing of chocolate and was directed to deliver the polythene bag at house of Datta Sonkamble. It is difficult to appreciate as to how the applicant no.3 wanted to reach that polythene bag containing the explosive substance at the house of Datta Sonkamble against whom he had no enmity as such. The target of the applicant no.3 was said Gunwant Poste and not Datta Sonkamble. 6. Considering absence of any tangible material (4) CRI.APP. 3613.2010 to implicate the applicant nos.1 and 3 and in view of the fact that nothing was recovered from them, though the offence appears to be of serious type, yet they deserve the discretionary relief of bail. 7. In the result, the Application is allowed and the applicants 1 and 3 are directed to be released on bail on furnishing of bail bond in sum of Rs.25,000/- (Rs. Twenty Five Thousand) each with one solvent surety each to the satisfaction of the Court of Sessions at Nilanga. The applicants 1 and 3 shall not contact any of the prosecution witnesses and shall attend the concerned Police Station on each Tuesday and Saturday between 10.00 am. to 2.00 pm. until the investigation is over or for four weeks whichever is earlier. They would co-operate with the Investigation Officer. 8. The Application is dismissed as said above in respect of applicant no.2 Ajij. Sd/- [V.R. KINGAONKAR, J.] arp