IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPEAL NO. 1093/2008 Sk. Shammi Sk. Mannu vs. 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. CORAM : S.R.DONGAONKAR, J DATED : 2 nd APRIL, 2008. Heard Shri J.B.Kasat, Advocate, for the applicant and Smt. T.D.Khade, A.P.P. for respondent State. This is an application under Section 438 of Cr.P.C. for grant of anticipatory bail. The applicant is apprehending arrest for the offence under Sections 147, 148, 450, 427, 307 r/w Section 149 of I.P.C. and under Section 4 r/w Section 25 of Arms Act and Section 135 of Bombay Police Act. Learned counsel for the applicant has submitted that the present applicant has not taken any part in the assault. According to him, there are no specific allegations of any overt act against the present applicant as regards actual assault. It is further submitted that the allegations of actual assault are made against one Sheikh Rafiq Sk. Mannu and Amjadkhan Abrarkhan. On perusal of the F.I.R. on record filed by the respondent, it seems that the allegations against the present applicant are that he had possessed sword at the time of actual incident. Learned counsel for the applicant has submitted that there is no specific allegations regarding actual blow by sword, against him. It would be seen from F.I.R. that the allegations, if not of direct assault, against the present applicant, are that he was having sword with him. He along with other accused have tried to ransack the house of the complainant. It is also allegations that he along with other accused had caused damage to three motor cycles, which were in front of the house. By no means, such conduct of the applicant can entitle him for anticipatory bail. In these circumstances, the same is rejected. Application stands disposed of. JUDGE Rvj.