1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION NO 2655/2009 (Sanjay Niranjan Aladar vs. State of Maharashtra ) --------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions & Registrar's orders. .......................................................................................................................................................... Mr Firdous T Mirza, Adv. for applicant Mr Adgaonkar, APP for Respondent-State CORAM: A.P. BHANGALE,J. DATED: 12 th August, 2009. Heard learned counsel for respective parties, at length. 2. The applicant is seeking anticipatory bail in connection with Crime No.80/2009 reported at Manora Police Station, Dist. Washim on 11.6.2009 for offence punishable under sections 147, 148, 149, 224, 394 and 395 of the Indian Penal Code. Although the accusations prima facie appear to be serious considering the contention of the applicant on affidavit that alleged injured person is hale and hearty and he is in service with B.E.S.T. doing regular duties, the Investigating officer was directed to enquire and report by 23.7.2009. However no such report was filed. Even regarding accusations u/s 395 IPC, it is alleged that the applicant had robbed a gold chain, one mobile phone and one bag containing 50,000 but all these accusations are serious, nothing is pointed out from investigation as to whether Satish Rathod who was allegedly robbed according to first informant Rohidas Balasingh Chavan, as to whether really the said Satish Rathod possessed gold chain, mobile phone as also the amount. Prima facie some material must be collected during the investigation that the person who was allegedly robbed was in fact in possession of the robbed articles in case of gold chain material, such as, bill etc. or, in case of mobile phone - Sim.No. Etc., supported by documentary evidence. Even in respect of amount of Rs. 50,000/- which was allegedly in possession of Satish Rathod some evidence could have been pointed 2 out; otherwise serious accusations are baseless or vague. The applicant cannot be kept behind bars on such flimsy, baseless and bald accusations. 3. According to the learned Advocate for the applicant, the applicant is the Upsarpanch of village Dhamni Tq. Manora Dist.Washim and accusations have been levelled against him, without any basis. Due to village politics as person from Banjara community had abused the applicant stating that people of applicant’s caste should be taught a lesson and, therefore, on the basis of false case of assault on Satish, the applicant has been implicated in the present case. It is also contended that the applicant is an educated person having M.P.Ed. qualification and is the only the only bread earner for his family. He is being implicated at the instance of some persons from “Banjara Kranti Dal”. It is contended that the applicant is ready to to cooperate with the investigating machinery. Under these circumstances, interim anticipatory bail which was granted on 18.7.2009 is confirmed, subject to same conditions. The application stands finally disposed of accordingly. JUDGE. sahare