( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3042 OF 2010 Ramesh s/o Kishori Tak, R/o Sandip Nagar, Vasant Tekadi, Ahmednagar. APPLICANT VERSUS The State of Maharashtra & another RESPONDENTS WITH CRIMINAL APPLICATION NO. 3398 OF 2010 1. Krushna s/o Vijay Lalbegi 2. Vijay s/o Sonpal Lalbegi, Both r/o JJ Galli, Mangalgate Road, Ahmednagar. APPLICANTS VERSUS The State of Maharashtra & another RESPONDENTS WITH CRIMINAL APPLICATION NO. 3399 OF 2010 Mahesh @ Manoj s/o Ramesh Tak, R/o Vasant Tekdi, Tq. and District Ahmednagar. APPLICANT VERSUS The State of Maharashtra & another RESPONDENTS ..... Mr. S.L. Bhapkar, advocate for the applicants in all the applications. Smt. B.R. Khekale, APP for the respondents/State in all the applications. ..... ( 2 ) [CORAM : V.R. KINGAONKAR, J.] [DATE : 24th August, 2010] PER COURT : 1. These three (3) applications, seeking directions under section 438 of the Criminal Procedure Code, are being disposed of together in as much as they are arising out of the same crime registered vide No. I-168/2010 against the applicants at Tofkhana Police Station, Ahmednagar. 2. The alleged incident is said to have occurred on 31st May, 2010. The FIR is lodged by Anuradha Rajkumar Kandare on 4th June, 2010. Needless to say, there is delay of about five (5) days in lodging of the report with the police. It appears that she lodged the report alleging that on 31st May, 2010 at about 9.30 a.m., accused Vijay and Krushna, who have filed criminal application No. 3398/2010, visited her house and inquired about her husband. She asked them to immediately go out of the house. It is alleged further that Sohan s/o Vijay outraged her modesty and thereafter, the applicants gave abuses to her relatives. It is further alleged that the applicants and other accused persons asked them to withdraw the earlier criminal case and thereafter assaulted them. It ( 3 ) was reported to the police that the accused persons caused injuries to brother-in-law of complainant Anuradha and also to one Prakash s/o Bihari Kandare i.e. her father-in-law. 3. Having heard learned counsel for the applicants and learned A.P.P. and on going through the investigation papers, it emerges that injured Gopal was referred to the General Hospital, Ahmednagar for clinical examination, on 5th August, 2010 i.e. next day of filing of the FIR. It was noticed by the Medical Officer that there was a simple injury on frontal region of the head. So called injured Gopal declined to get himself admitted in the hospital. It is important to note that as per the recitals of the FIR, accused Sohan had dealt blow of a sword on head of injured Gopal. If such dangerous weapon had been used, ordinarily, serious and grievous injury could have occurred on the head of injured Gopal. There is no injury certificate produced in respect of injured Prakash. It is pertinent to notice that on the earlier day of filing the FIR i.e. 3rd June, 2010, a counter FIR was already filed by applicant Krushna Lalbegi, alleging that he and his relatives were assaulted by dangerous weapons by Mohan Kandare, Balraj Kandare and other accused persons. There were multiple injuries including grievous hurt on person of Krushna Lalbegi. ( 4 ) So also, there were multiple injuries found on person of Vijay Lalbegi when he was examined by the Medical Officer on 31st May, 2010. It appears that both the injured were immediately rushed to the General Hospital. 4. Having regard to the sequence of the events and the manner in which the FIR has been lodged, it can be gathered that after the incident regarding assault on Vijay Lalbegi and Krushna Lalbegi was reported, the belated FIR was lodged through the prosecutrix i.e. Anuradha in order to frame the applicants. Not only that, the FIR lodged by Anuradha Kandare is belated, but the injury certificates do not corroborate the FIR, prima facie, regarding the serious assault as stated in the FIR. It appears that such FIR was lodged by Anuradha Kandare with oblique intention to add more spice and aggravate the accusations, including the accusation that she was abused and her modesty was outraged by removing her clothes. 5. In view of the foregoing reasons, it will have to be said that arrests of the applicants is not necessary for effective investigation and they are likely to be humiliated if so arrested, in connection with the crime registered against them. Consequently, the applications are allowed. The ( 5 ) applicants in all these applications are directed to be released on bail, in the event of their arrest, on furnishing bail bond in sum of Rs. 15,000/- each before the arresting officer with one solvent surety. They shall attend the concerned Police Station on each Sunday between 10 am to 2 pm and shall cooperate with the Investigating Officer, for period of four (4) weeks hereafter or till filing of the chargesheet or final report, whichever is earlier. The anticipatory bail so granted would be co-terminus with the filing of the chargesheet or discharge if final report is filed by the Investigating Officer without their implication in any crime. The present applications are accordingly disposed of. [V.R. KINGAONKAR] JUDGE NPJ/criapln3042-10-group