cra3231.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3231 OF 2011 Satish s/o Bhanudas Bhingare, Age-35 years, Occu:Service, R/o-Pahadsingpura, Begampura, Aurangabad. ...APPLICANT. VERSUS The State of Maharashtra. ...RESPONDENT. ... Shri.H.M. Salve Advocate for Applicant. Shri.S.G. Nandedkar, A.P.P. for Respondent. ... WITH CRIMINAL APPLICATION NO.3293 OF 2011 Santosh s/o Shravan Bhingare, Age-41 years, Occu:Business, R/o-Pahadsingpura, Begampura, Aurangabad. ...APPLICANT. VERSUS The State of Maharashtra. ...RESPONDENT. cra3231.11 2 ... Shri.H.M. Salve Advocate for Applicant. Shri.S.G. Nandedkar, A.P.P. for Respondent. ... CORAM: T.V. NALAWADE, J. DATE : 10TH AUGUST, 2011 PER COURT : 1. Both the Applications are filed for anticipatory bail in C.R. No.I-82 of 2011 registered in Begampura Police Station, Dist- Aurangabad, for the offences punishable under Sections 307, 324, 323, 504, 506, 143, 147, 148, 149 etc. of the Indian Penal Code and Sections 4, 25 of Indian Arms Act. The papers of investigation were made available. Both the sides are heard. 2. The Advocate for the Applicants submitted, on instructions, that he wants to withdraw the Criminal Application No.3293 of 2011. So, the Criminal Application No.3293 of 2011 is disposed of as withdrawn. cra3231.11 3 3. One Prashant Zare has filed the report. He has made allegations that on 5th June, 2011 by contacting him on his mobile phone, he was called near the gate of Dr. Babasaheb Ambedkar Marathwada Vidyapeeth and when he went there with his friend, Santosh Bhingare, Satish Bhingare and other came there. He has made allegations that Santosh Bhingare used sword and blows were given on his head and others assaulted with fist blows and kicks. He has made allegations that Satish Bhingare, Applicant from the proceeding of Criminal Application No.3231 of 2011 used barber blade and gave blows on his back and chest by using the blade. 4. There are statements of eye witnesses and there is injury certificate. The injury certificate shows that one abrasion was found on back which was irregular in nature. There were two C.L.W.'s on head and the patient was referred to cra3231.11 4 surgery department in Government Hospital. Though injuries are described as simple injuries, the injuries found on the head were bleeding injuries and surgery was required to be done. No cut injury was found on the chest or back and only one abrasion was found on the back, which was irregular. 5. In view of these circumstances, this Court holds that there is possibility of exaggeration of allegations against the Applicant from the proceeding of Criminal Application No.3231 of 2011. This Court has granted anticipatory bail to one of the accused from the same crime as there were vague allegations against him that assault was made by him by fist blows and kicks. Counter case was registered on the same day on the basis of report given by Sangam Bhingare for the offences punishable under Sections 324, 323, 504, 506 etc. of the Indian Penal Code and the accused from that case i.e. cra3231.11 5 complainant is granted bail. So, this Court holds that anticipatory bail can be granted to Satish Bhingare also. 6. The Criminal Application No.3231 of 2011 is allowed. Interim relief granted by this Court in favour of the Applicant - Satish s/o Bhanudas Bhingare, by order dated 29th July, 2011 is confirmed, subject to condition that the Applicant should appear before the Investigating Officer on every Sunday between 9.00 a.m. and 12.00 noon for the period of one month. He is to co-operate with the Investigating Officer, he is not to commit similar offence. He is not to tamper with the prosecution witnesses. [T.V. NALAWADE, J.] asb/AUG11