The judgment emphasizes the importance of establishing the accused's involvement in the alleged offence and the satisfaction of conditions for granting bail under the MCOC Act.

JUDGMENT

V. G. Bisht, J. - The present application has been moved by the applicant under Section 439 of the Code of Criminal Procedure in Crime No.381 of 2017 registered with Police Station Warje Malwadi, for offences punishable under Section 307, 326, 323, 504, 506, 34, 143, 144, 147, 148, 149 of the Indian Penal Code (IPC) read with Section 4(27) of Arms Act read with Section 37(1) and 135 of Maharashtra Police Act read with Section 3(1) (ii), 3(4) of Maharashtra Control of Organised Crime Act (MCOC Act).

2 It is the case of prosecution that on 12th October 2017 while the informant and his friend namely Raju Anpur were proceeding on their way to Ramnagar, Warje, all of a sudden accused Vikcy Karjale, Akshay Tingre and their 3 to 4 friends came running on their person. Vicky Karjale gave a blow on the head of Raju Anpur by means of a sharp weapon. Similarly, accused Akshay Tingre and his companion also gave a blow of sharp weapon on his head and he and Raju Anpur were further beating by fist and kick blows. The informant, accordingly, lodged the report.

3 Mr.Shailesh Kharat, learned counsel for the applicant, submits that the informant knows the applicant by name, despite that, his name is not given in the First Information Report (FIR). According to the learned counsel, there is confession of A-4 which exculpatory in nature, and therefore, cannot be termed as confession. Even otherwise, the statement of injured witness would go to show that the applicant had not hit any weapon and the role of assault by weapon is attributed to other accused. In such circumstances, it cannot be said that the applicant had taken part in assaulting by using a weapon. Similarly, the charge-sheet does not fulfill the requirement of provisions of MCOC Act qua the applicant and therefore, for all these reasons, the applicant deserves to be released on bail.

4 Mr. Palkar, learned APP, on the other hand, submits that though no specific role is attributed in the FIR, but the statement of the injured recorded subsequently would show that the applicant had taken part in the commission of the offence. The learned APP also invited my attention to Medical Certificate at page no.83 pertaining to Raju Anpur and as also that of the informant. Besides, there are antecedents and in such circumstances, the applicant does not deserve to be enlarged on bail.

5 Perused the investigation papers as also reply filed by the Investigating Officer. From the plain reading of the FIR it would be seen that first of all the contention of the learned counsel that the applicant is known to informant is not disputed by way of counter reply. This being so, a plain reading of the FIR would show that the name of present applicant is nowhere revealed. However, the statement of Raju Anpur recorded during the course of investigation would show that accused Vikcy Karjale and his companion had assaulted him and the informant by means of weapon like stick. As far as the present applicant is concerned, his statement shows that accused Shubham and the applicant had beaten them by means of fist and kick blows. Thus, all that attributed is that the applicant had used fist and kick blows and nothing else.

6 Coming to the Medical Certificates, the first certificate pertains to Raju Anpur. Most of the injuries are contused lacerated wounds except bilaterial anterior wall frontal sinus fracture, right facial nerve anal fracture in vertical segment extending up to right temporal bone, right shoulder acromion fracture and lateral end of clavicle fracture. Similarly, the Medico Legal Certificate of the informant shows contused lacerated wound. It is apparent from the FIR and the statement of Raju Anpur that the weapons were allegedly used by Vicky Karjale and Akshay Tingre. I have also pointed out from the statement of injured Raju Anpur that the applicant had indulged into fist and kick blows.

7 I have also gone through the antecedents of the applicant given at page no.13 of the affidavit. Since the rol