(1) CR.APP. 1777.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1777 OF 2009 1] Tulashidas Namdeo Pawar, Age : 80 years, Occu.: Agri., 2] Gorakh s/o Tulshidas Pawar, Age : 35 years, Occu.: Agri., Both R/o Nimbhori, Tal. Newasa, Dist. Ahmednagar .. Applicants Versus The State of Maharashtra, Through Incharge Police Station, Newasa, Dist. Ahmednagar (Copy to be served on Public Prosecutor, High Court of Bombay Bench at Aurangabad) .. Respondent Mr. V.D. Sapkal, Advocate for the Applicants Smt. S.B. Wadmare, APP for the Respondent-State CORAM : A.V. NIRGUDE, J. DATED : 1ST JULY, 2009 ORAL ORDER:- 1] The applicants are seeking anticipatory bail in crime no. 119 of 2009 of Newasa Police (2) CR.APP. 1777.2009 Station, Dist. Ahmednagar. On perusal of the two complaints lodged by the representatives of two groups who clashed on 27.5.2009 at about 10:30 am., at village Newasa, it is seen that the incident took place in the agricultural field of the complainant. The applicant’s brother Sanjay lodged his complaint which was registered as crime no. 117 of 2009 at about 12:50 am. He said in his complaint that he, his brother Vishwanath, Babasaheb and wife of Babasaheb-Savita were busy in agricultural operations in their agricultural field. At that time, there arose dispute between them and one Ambadas and others. He said Ambadas, Haribhau and Dhanraj assaulted him with the help of swords, axes and kuttis etc. He said he sustained injuries. In view of the injuries sustained by him the Police registered offence under section 326, 324 IPC etc. against Ambadas and others. The incident was reported as said above to the Police Station within couple of hours at about 12:50 am. Sanjay’s complaint was only one sided version of the incident. In the clash and violence, persons from group of Ambadas also sustained injuries. Rather belatedly in the evening on the same day Haribhau, a person belonging to Ambadas’s group lodged his complaint while he was taking medical treatment at a private hospital at Ahmednagar. He narrated the incident differently. He said that he, his father Ambadas were attacked by the applicants and others. (3) CR.APP. 1777.2009 He said he saw the applicants and others armed with weapons like axe etc. He said he and his father sustained serious injuries. In view of the grievous injuries sustained by him and his father the Police registered offence under section 326, 324 of the Indian Penal Code etc. against the present applicants and others. 2] The question is whether the applicants are able to make out a case for anticipatory bail? The answer is in the affirmative. From the narration in the FIRs it is indicated that the present applicants were not present when the incident took place. As said above the complaint came to be lodged by Sanjay, the brother of applicant no.2 and son of applicant no.1. While narrating his side of the story he said he, his brother Vishwambhar, Babasaheb and Savita were attacked by Ambadas and others. He did not name the applicants in his FIR, as persons who were present at the time of the incident. He had no malafide reason to avoid mentioning the applicants’ name in his complaint. Besides the applicants did not sustain any injury. There is possibility of Sanjay implicating falsely some adversaries who were not present at the time of the incident. But he would not avoid mentioning the names of persons belonging to his group purposely. As against this, the applicants’ adversary Haribhau lodged his complaint rather belatedly and while (4) CR.APP. 1777.2009 narrating the incident there was an opportunity for him to implicate as many adversaries as possible in his complaint. In addition to this, even the witnesses from Haribhau’s side named the applicants as persons who were present at the time of assault and who were carrying weapons etc. 3] I think the material against the applicants is brought on record with a view to falsely implicate them. The applicants deserve anticipatory bail. In the event of their arrest in this case, the applicants shall be released on bail of Rs.10,000/- (Rs. Ten Thousand) each with one surety each in the like amount. 4] The applicants shall remain present before the Police as and when required. 5] Application stands disposed of. Sd/- (A.V. NIRGUDE, J.) arp/1july9/cr1777.09