1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO. 253 OF 2011 ( Mohd. Sagir Abdul Rauf Vs. State of Mah. PSO PS Ural Distt. Akola) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri S. I. Jagirdar Adv for applicant. Shri S. S. Doifode APP for non applicant/State. CORAM: M. N. GILANI J. DATED: 1st AUGUST, 2011. . This is an application under Section 438 of Criminal Procedure Code for directions to release the applicant on bail in the event of his arrest in Crime No. 44 of 2011 registered at the Police Station Ural district Akola for the offence punishable under Section 147, 148, 149, 307, 452, 323, 504, 506 and 427 of Indian Penal Code. On 31.06.2011 one Priyanka Dongre lodged First Information Report in the police Station Ural stating that 22-25 persons entered in her house and assaulted her brother by name Vishal. The reason for the assault was his affairs with one Sayna Wazir Khan. 2 Learned counsel for the applicant contended that the name of the present applicant is not appearing in the F. I. R. nor any overt act is attributed to him. He being innocent he should not be made to surrender before the police and remain behind bar. Shri Doifode, learned APP clarified that the name of the present applicant is mentioned in the F. I. R. as Sageer "cutlerywala". The applicant does business of selling cutlery (stationery articles) and hence he is known as "cutlerywala". There are statements of Prakash and Anusaya, who have referred him as "Cutlerywala Sageer". Injury report of Vishal shows that he had a fracture of skull and other injuries. It was a case of unlawful assembly and, therefore, it is insignificant as to who actually assaulted the victim. Primafacie case, is made out against the applicant. In that light of the matter this is not a case where direction under Section 438 of the Criminal Procedure Code can be issued. Application is rejected. JUDGE svk 3 From the date of taking charge i.e. from 17.03.2011 till 06.05.2011 His Lordship Hon'ble Shri Justice M.N. Gilani was sitting at High Court Bombay.