1 Cri.A.4855.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4855 OF 2011 Gulab S/o Ayub Pathan R/o Amirmala (Burhannagar) Akabar Nagar, Nagar-Aurangabad Road, Ahmednagar. ...APPLICANT. VERSUS 1) The State of Maharashtra, and another. ...RESPONDENTS. ... Smt.Sadhana S.Jadhav,advocate holding for Shri.Satej S.Jadhav, Advocate for Applicant. Shri.D.R.Kale, A.P.P. for Respondent-State. ... CORAM: R.Y.GANOO, J. DATE : 24TH NOVEMBER, 2011. PER COURT : 1. Heard learned counsel for both the sides. 2. The applicant is apprehending arrest in Crime No. 384 of 2011, registered with Tophakhana Police Station, District Ahmednagar. FIR indicates on account of negligent driving of the driver of vehicle-Tempo No.MH-16/5632 the complainant suffered serious injuries. In the complaint, name of the present applicant is referred to as owner and it is alleged that he incited tempo driver to run away and to destroy the 2 Cri.A.4855.11 evidence. 3. I have perused the police papers. It is clear that prosecution has not been able to show even prima facie the present applicant was sitting in the tempo, when alleged incident took place. If this be so there is no question of present applicant inciting the driver to run away and destroy the evidence. In this view, the present applicant is entitled to anticipatory bail. Hence, following order is passed. (i) In the event of arrest of the applicant in Crime No. 384 of 2011, registered with Tophakhana Police Station, District Ahmednagar, he be released on bail in the sum of Rs.10,000/-(Rupees Ten Thousand) with one surety in the like amount. The applicant shall execute P.R. bond of sum of Rs.10,000/- (Rupees Ten Thousand). (ii) The applicant shall report to the concerned Police Station firstly on 30.11.2011 and thereafter as and when called for. . The Criminal Application stands disposed of in the above terms accordingly. Sd/- [ R.Y.GANOO, J. ] MTK 3 Cri.A.4855.11 1. Heard. 2. After some argument, learned counsel for applicant requested for withdrawal of the present Application. Request is granted. The Criminal Application stands disposed of as withdrawn. 1. This is an application under section 301(2) of the Code of Criminal Procedure seeking leave of the Court to allow the applicant to assist learned APP, in opposing Criminal Application NO. 4708 of 2011 . 2. Heard learned counsel for the parties and for the reasons stated in the application, the same is allowed in terms of prayer clause [B]. 4 Cri.A.4855.11