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Judgment
A.S. Pachhapure
The petitioner has approached this Court for grant of regular bail having been arrested in Crime No. 151/2012 registered for the offence u/s 302 of IPC and other allied offences. The facts reveal that on 04.07.2012 at about 10.30 p.m. when the complainant was with his two friends Praveen (deceased) and one Harshavardhan, it is alleged that the petitioner and other accused having formed an unlawful assembly said to have caused assault on Praveen (deceased), complainant and Harshavardhan and in this regard a case and counter case were registered against the persons associated with the first accused and the deceased with his friends. The petitioner submits that he is innocent and he has not committed any offence and therefore, has approached this Court for grant of regular bail. The learned High Court Government Pleader has opposed the application.
It is the submission of the learned counsel for the petitioner that accused No. 4 has been granted bail by this Court in Crl. P. No. 15751/2012 vide order dated 24.08.2012 and the petitioner is also a student and he submits that he has not assaulted the deceased and the only allegation against him is that he caused assault on the complainant. The material placed on record reveals that a counter case was registered in Crime No. 152/2012 in which accused No. 4 i.e., was also assaulted. Any how taking into consideration the fact that the petitioner is a student and that there were criminal cases against the complainant and the deceased, the benefit extended to accused No. 4 will have to be granted to the petitioner. In the result the petition is allowed. The petitioner is ordered to be released on bail on his executing personal bond for Rs. 50,000/- with two solvent sureties for the like sum to the satisfaction of the Sessions Court with the further following conditions:
i) That the petitioner shall attend the police station on every Sunday in between 10.00 a.m. to 11.00 a.m. until further orders.
ii) The petitioner shall not tamper with the prosecution witnesses in any manner.
iii) He shall not jump bail.
If any of the conditions are violated, the bail granted entails cancellation.
Intimate the concerned authority.