1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.633 OF 2011 Hemant Jeevanprakash Doshi & Ors. .... Applicants Vs. Dahiwadi Police Station & Ors. .... Respondents Mr. Surel S. Shah for applicants. Mrs. A.A. Mane, APP for State. Mr. Sharad S. Suryawansi, Advocate for respondent no.3. Coram : Smt. R.P.SondurBaldota, J. Date : 9th August, 2011 P.C. 1. The application for anticipatory bail on behalf of applicant no.1, is not pressed and is disposed off accordingly. 2. Applicants no. 2 and 3, who are the wife and son of applicant no.1 apprehend their arrest in C.R. No.59 of 2011 registered with Dahiwadi Police Station, for the offences punishable under Sections 307, 386, 341, 392, 506 read with 34 Indian Penal Code. The facts alleged by the prosecution are strange. The son of the 2 complainant i.e. respondent no.3 and son of applicant nos. 1 and 2 both aged about 11 years were studying in the same school and the same class. It is alleged that during the year 2010-2011, the applicants along with some unknown persons used to assault the son of the complainant, by means of sticks, iron bar and bricks on the vital parts of the body i.e. the head, stomach etc. Because of the assault, the child had to undergo an operation. The application does not describe either the nature of injuries sustained by the child, or the kind of the operation undergone by the child. It is also alleged that the child had been thrown down from a building, under construction. The complaint does not mention the height of the building under construction. The complainant next alleges that the applicants used to demand money from the child and the child used to steel money from the house to give to the applicants. 3. Perusal of the police papers show that even the investigation done by the police so far does not indicate the nature of the injuries sustained by the child. The police have recorded the statement of the child. However, it is not in question and answer form and definitely not in the words of the child. His 3 statement almost verbatim repeats all the allegations in the complaint. 4. In the above facts of the case, there appears some substance in the claim of the applicants that they are innocent. Hence the application is allowed. In the event of arrest of applicant nos. 2 and 3 in connection with C.R. No.59 of 2011 registered with Dahiwadi Police Station, for the offences punishable under Sections 307, 386, 341, 392, 506 read with 34 Indian Penal Code, they be released on bail in the sum of Rs.35,000/- each with one solvent surety each in the like amount. The applicants no. 2 and 3 shall attend Dahiwadi Police Station (Taluka Man, Dist. Satara) on an alternate days until filing of the charge-sheet. The attendance at the police station starts from Friday i.e. 12th August 2011. They shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him for disclosing such facts to the Court or to any Police Officer. The applicants nos. 2 and 3 shall not leave India without the previous permission of the Court. (Smt. R.P. SondurBaldota, J)