{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1529 OF 2010 Arun s/o Govind Kharat ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENT ....... Mr. V.S. Bedre, Advocate for the applicant Mrs. Vaishali More, A.P.P. for the respondent ....... CORAM : SHRIHARI P. DAVARE. J. DATE: 7th May, 2010. PER COURT: 1. Heard Mr. V.S. Bedre, learned counsel for the applicant as well as heard Mrs. Vaishali More, learned A.P.P. for the respondent. 2. This is an application preferred by the applicant, seeking bail in connection with C.R. No.I.432/2009, registered at Tophkhana Police Station, for the offences punishable under Sections 302, 307, 323, 504, 506, 143, 147, 148, 149 of the Indian Penal Code and Section 4/25 of Arms Act and Section 37(1)(3)/ 135 of the Bombay Police Act, since the applicant was arrested thereunder on 27.12.2009 and is under judicial custody presently. {2} 3. It appears that, the offence has been registered on the complaint lodged by Maruti Vithal Dhangar on 18.12.2009 in respect of occurrence of the alleged incident in the evening on 18.9.2009. It is alleged that, 14 persons, whose names have been disclosed in the complaint along with others attacked the residential premises of the complainant. It is further alleged that, during the said attack, the father of the complainant and other relatives sustained the injuries and father of the complainant, namely Vithal Gangaram Dhangar succumbed to the injuries. 4. It is apparent from the contents of the F.I.R. that although name of the applicant has been disclosed therein, who was allegedly present at the place of occurrence of the incident, no overt act/ specific role lhas been attributed to him therein and, therefore, the allegations made against the applicant herein are of lesser degree. 5. Besides that, the co-accused namely Sumit Vilas Kulkarni, whose presence was also disclosed in the F.I.R. at the place of occurrence of the incident, no overt act was attributed to him, has been granted anticipatory bail by this Court in Criminal Application No. 683/2010 on 25.2.2010. {3} 6. Apart from that, the applicant is in custody since last more than three months and the investigation has been completed and charge sheet has been filed and, therefore, there is no propriety in keeping the applicant in custody further more and hence, present application deserves to be allowed. 7. In the result, present application is allowed and it is directed that, the applicant be released on bail on furnishing surety in the sum of Rs.15,000/- and on execution of P.R. bond in the like amount, on the condition that the applicant shall not tamper with the evidence and/or influence upon the witnesses directly/ indirectly. 8. Needless to say that the above observations are prima facie in nature and shall not come in way of any Court while deciding the matter on merits. SHRIHARI P. DAVARE JUDGE fmp/cri152910