{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.171 OF 2010 Balaji s/o Motiram Puyad Age-28 years, Occ-Agri R/o Taroda, Tq & Dist-Nanded APPLICANTS VERSUS The State of Maharashtra Through P.S. Bhaygyanagar, Nanded RESPONDENT ....... Mr.G.P.Shinde, Advocate for applicant Mr.B.J.Sonawane, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 28th January 2010 PER COURT: 1. This is an application by which the applicant, who is an accused in CR No.278/2009 registered with Bhagyanagar police station, has prayed to release him on anticipatory bail in the event of his arrest in the said offence. 2. Heard learned counsel for the applicant and learned APP. Perused the papers of investigation. 3. It appears that one Uttam has lodged a complaint on 30.09.2009 in respect of an incident of housebreaking and theft, which was allegedly took place in the month of March 2009. It is urged that as there is civil dispute between the landlady of the {2} complainant and the present applicant, which is still pending in the court of CJSD, Nanded, the applicant is falsely implicated in this offence, that too after a period of 6 months of the alleged offence. Though it is alleged that the land lady had informed the complainant on 02.03.2009 in respect of the theft, yet name of the present applicant, as the person who has committed the theft, does not appear in the said message. The delay in lodging the FIR is not satisfactorily explained. Considering the fact that there is civil dispute pending between the applicant and landlady of the complainant and in view of the fact that there is delay of 6 months in lodging the FIR, it prima facie appears that the applicant is falsely implicated in this offence. In the premise, case is made out to enlarge the applicant on anticipatory bail. 4. In the result, the application is allowed. In the event of arrest of the applicant in connection with CR No.278/2009 registered with Bhagyanagar police station, Nanded, he be released on bail on his furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. Applicant is directed to attend the Bhagyanagar police station, Nanded, whenever required by the concerned Investigation Officer. This protection is granted till filing of the charge sheet. [A.V.POTDAR, J.] drp/A10/criapln171-10