(1) CRI. APLN. 4879.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4879 OF 2010 Santosh S/o Kishanlal Yadav, Age : 30 years, Occu.: Labour, R/o. : Navghat, Nanded Applicant VERSUS 1. The State of Maharashtra 2. Police Inspector, Police Station, Itwara, Nanded Respondent ..... Dr.Kalpalata Patil Bharaswadkar, Advocate for the Applicant. Mr. D.V. Tele, A.P.P. for the Respondent/State. ..... CORAM : V.R. KINGAONKAR, J. DATED : 15TH DECEMBER, 2010 ORAL ORDER:- 1. By this Application, the applicant seeks bail under section 439 of the Code of Criminal Procedure. 2. Heard learned Advocate for the applicant and learned A.P.P. 3. Perusal of the FIR and other papers prima facie indicate that the incident occurred on 2.5.2010 (2) CRI. APLN. 4879.2010 when the informant-Police Inspector Shri Shejul had gone to the place where quarrel between a group of 20-25 members of minority community on one side and the applicant on the other side was going on. The incident occurred on road in front of Pratibha Niketan High School, in the Holi locality of Nanded. It is alleged that the informant drove away the group of youngsters of the minority community and while he was engaged in conversation with Jafar Khan, applicant dropped a glass bottle in his direction from a nearby house. He also pelted a stone in the direction of the informant. The informant received the blow of the stone and lost two frontal molars. 4. Having heard learned Advocate for the applicant and learned A.P.P. and on perusal of the recitals of the FIR, and particularly the history narrated by P.I. Shri Shejul to the Medical Practitioner Shri M.B. Deshpande of Yashoda Hospital Pvt. Ltd., it is explicit that the story narrated in the FIR is prima facie incorrect. The communication issued by the Medical Practitioner to the Police Inspector of Itwara Police Station on 2.5.2010 (3) CRI. APLN. 4879.2010 purports to show that the informant gave history about the injuries, alleging that while he was intervening and trying to resolve the quarrel between the two groups, he suffered injuries on the face. There was no prior enmity between the informant and the applicant. The applicant was not armed with any weapon. The incident occurred during the course of melee and prima facie the intention to cause death of the informant cannot be deciphered in view of the communication of the Medical Practitioner. 5. In the circumstances mentioned above, the Application is allowed. The applicant is directed to be released on bail on furnishing of bail bonds in sum of Rs.15,000/- (Rs. Fifteen Thousand) with a solvent surety bond in the like sum. Sd/- [V. R. KINGAONKAR, J.] arp