1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO.1016 OF 2010 Sk. Hyder s/o Sk.Mohammad ...Applicant VERSUS The State of Maharashtra ...Respondent ..... Shri Vivek Bhavthankar, Advocate for the applicant Shri P.P. More, A.P.P. for the respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 23rd April, 2010. PER COURT : 1. Heard Mr. Vivek Bhavthankar, learned counsel for the applicant as well as heard Mr. P.P. More, learned A.P.P. for the respondent. 2. This is an application preferred by the applicant, seeking anticipatory bail apprehending his arrest under C.R. No. 6/2010, registered at Mukhed Police Station, District Nanded for the offences punishable under Sections 420, 467, 471 read with Section 34 of the Indian Penal Code. 2 3. At the outset, it is to be noted that, interim protection was granted to the applicant by order dated 19.3.2010 and same is in subsistence till the date. 4. It appears that, the offence has been registered on the complaint lodged by Mukesh Krushnarao Bhoge, Tahsildar, Mukhed on 15.1.2010, alleging that 13 persons, whose names have been incorporated in the said complaint, by using forged signature and stamp, cheated the Government contending that their wells were acquired to provide drinking water during scarcity, though their wells were not acquired at all. 5. However, on perusal of the said contents of the complaint and documents annexed therewith, it appears that, the allegations made against the applicant are vague and omnibus and no specific or particular allegations are made against the applicant herein. Apparently, the ingredients of the alleged offence are absent in the said complaint. 6. The learned counsel for the applicant also invited my attention to the fact that some of the co-accused persons were granted anticipatory bail in Criminal Application No.814/2010 by 3 this Court by order dated 2.3.2010. 7. In the light of the aforesaid facts and considering the allegations made against the applicant, it appears that, the applicant has made out the case for grant of anticipatory bail. 8. In the result, the interim protection granted to the applicant by order dated 19.3.2010 stands confirmed and it is directed that, in the event of arrest of the applicant under C.R. No. 6/2010, registered at Mukhed Police Station, District Nanded, he be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing P.R. bond in the like amount, on the following conditions : (i) The applicant shall attend the concerned police station as and when required, on written intimation, till filing of the charge sheet and shall cooperate in the investigation. (ii) The applicant shall not tamper with the evidence and/or influence upon the witnesses directly/ indirectly. 9. Needless to say that, the aforesaid anticipatory bail granted to the applicant is till filing of the charge sheet. it is also made clear that, the above observations are prima facie in nature 4 and shall not come in way of any Court while deciding the matter on merits. (SHRIHARI P. DAVARE) JUDGE fmp/cri1016.10