( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2358 OF 2009 Rajesh s/o. Bhagwandas Soni .. Applicant Age. 50 years, Occ. Industrialist, Business & Agri., R/o. Sambhajinagar, Jalna. Versus 1. The State of Maharashtra .. Respondents 2. The Police Station in-charge, Taluka Jalna Police Station, Taluka – Jalna. Shri A.S. Bajaj, Advocate for the applicant. Shri S.P. Dound, A.P.P. for the respondents. CORAM : P.R. BORKAR,J. DATED : 29.07.2009 P.C. :- 1. This is an application for anticipatory bail filed by one Rajesh s/o. Bhagwandas Soni, who is named as accused No.4 in the private complaint lodged with the Chief Judicial Magistrate, Jalna, on 06.06.2009. It is numbered as M.A. No. ( 2 ) 298 of 2009 and it was filed for offences punishable under Sections 452, 307, 384, 323, 504, 506 r/w 34 of the Indian Penal Code. It is alleged by the complainant Bhagwanrao s/o. Bapurao Giram that on 05.06.2009 at 5.00 a.m. the five accused persons came to the house of Bhagwanrao at village Rammurti, Tal. & Dist. Jalna. They knocked the door. On questioning, those persons said that they were Soni seth and others. They threatened the complainant to open the door. The complainant and his family members were frightened. They did not open the door. But the accused opened the latch of the door and forcibly entered the house. The present applicant who is named as accused no. 4 – Rajesh took out pistol from his waist and fired a shot at complainant Bhagwanrao Giram. Since, the complainant moved, he was not injured and thereafter the accused persons beat him with kick and fist blows. The accused also abused the complainant and gave him threats. The accused were saying that the complainant should sell land to them or pay them Rs.10 lakhs; else they would kill him. On hearing the sound of fire, the villagers gathered and on seeing them the accused went away in vehicle No. MH-21-8697. ( 3 ) 2. It is also alleged that after the incident, complainant Bhagwanrao went to Taluka Police Station at Jalna, but the police refused to take complaint saying that the accused would kill him as they were wealthy people. In the complaint itself in para 5 prayer was made for enquiry under Section 156 (3) of the Cr.P.C. and it appears that the complaint was sent accordingly for enquiry under Section 156 (3) of the Cr.P.C. to Taluka Police Station, Jalna and crime came to be registered on 27.06.2009. The Copy of the F.I.R. is at Exh. “B”. 3. The learned advocate for the applicant Shri A.S. Bajaj stated that between the parties Civil litigation is pending over land Gat No.249. Civil Suit No. 42 of 2009 is pending in the Court of 4th Jt. Civil Judge, Junior Division, Jalna. As against orders below Exh.5 and 20, Misc. Civil Appeal No. 25 of 2009 was filed and injunction was issued against the complainant and his father Bapurao at the instance of accused Nos. 1 to 3. 4. The learned A.P.P. Shri S.P. Dound made available papers of investigation by the Police for perusal of this ( 4 ) Court. The copy of spot panchanama drawn on 27.06.2009 clearly indicates that on inspection of the house particularly room in which alleged firing has taken place, no sign of firing of a shot by fire-arm was found. It is also argued that the persons who supported during police investigation are close relatives of the complainant. They are Kailas Giram, Asha Bhagwanrao – wife of the complainant and Sunita Kailas. Kailas Giram is said to be brother of the complainant. Even the complaint shows that only close relatives are cited as witnesses. 5. It has also been brought on record during application for anticipatory bail filed before the Sessions Court, Jalna, that present applicant Rajesh had surrendered his revolver with licence to Police long back and in support of that a copy of panchanama is produced before me during the arguments. Before the Additional Sessions Judge-I, Jalna, it was argued that there was possibility of using another revolver. 6. Here at the same time we may also note that so far as remaining four accused persons are concerned, they are ( 5 ) released on anticipatory bail by the Additional District Judge-I, Jalna, by order passed on 07.07.2009. 7. After considering totality of the circumstances, this application for anticipatory bail is allowed on certain conditions. Hence, I pass following order :- O R D E R (i) This application is allowed. (ii) Applicant – Rajesh s/o. Bhagwandas Soni, in the event of his arrest in connection with C.R. No. M. Case 18 of 2009 registered on the complaint of Bhagwanrao s/o. Bapurao Giram, in respect of offences said to have been committed on 05.06.2009, at village Rammurti, shall be released on bail of Rs. 25,000/- (Rupees Twenty Five Thousand Only) with one surety in the like amount. (iii) The applicant shall make available himself for interrogation as and when required by the Investigating Officer. ( 6 ) (iv) The applicant shall not directly or indirectly try to contact or influence any of the prosecution witnesses. (v) It is further made clear that if the police get sufficient material to seek police custody of the applicant during investigation, they are at liberty to make application to that effect to the Chief Judicial Magistrate, Jalna, who shall be at liberty to deal with the application according to the law. [P.R. BORKAR,J.] snk/2009/JUN09/cria2358.09