IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.4404 OF 2008 CRI.APPLICATION NO.4404 OF 2008 CRI.APPLICATION NO.4404 OF 2008 1. Mr Lokesh Tanwar, 2. Mr Nitin Lokhande, .. Applicants Vs The State of Maharashtra, .. Respondent Mr Shirish Gupte, Sr.Advocate, with Mr M.S.Mohite, for the applicants. Mr H.J.Dedhiya, APP, for the respondent. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 16/12/2008 DATE : 16/12/2008 DATE : 16/12/2008 PC: PC: PC: 1. Heard Mr.Shirish Gupte, learned counsel for the applicants and Mr.Dedhiya, learned APP, for the State. 2. The applicants are seeking anticipatory bail in C.R.No.450 of 2008 of Bundgarden police station, Pune. The said crime has been registered against the applicants for having allegedly committed an offence punishable under sections 354, 506(2),504, and 323 of IPC. 3. It appears that the applicants and the complainant were working with Bharati AXA Life Insurance Company Ltd, Pune. The complainant was working as Human Resource Manager while applicant no.1 was working as Manager, Western Region, and applicant no.2 was working as Regional Sales Manager. 4. I have perused the FIR and other documents placed on record by the applicants. It seems that the applicants and the complainant were not in good terms. In the FIR she has alleged that on 14.11.2008 between 10.30 am to 11.00 am the applicants held her hands and pulled her towards him. It is further alleged that when she tried to resist applicant no.1 slapped her. Thereafter, she rescued herself and when she was leaving the office she was stopped by applicant no.2 in the stair case and wielded a knife. Applicant no.2 allegedly threatened her to withdraw the complaint given to the police. The FIR came to be lodged at 00.15 hours on 15.11.2008. 5. Mr Gupte, learned senior counsel for the applicants, invited my attention to an NC complaint (Exh.-A) filed by the complainant against the applicants on 10.10.2008 at 16.00 hours, stating that both the applicants abused her. Both the applicants were called at the police and they denied the allegations made in the complaint. Thereafter, on 12.11.2008 both the applicants lodged the complaint (Exh-B) against the complainant expressing apprehension that they are likely to be impleaded in the false case by the complainant. It appears that on 14.11.2008 at 11.49 hours when the complainant had gone to the office she found that her desk was open and some files were missing. She had immediately sent e-mails to her superiors mentioning about missing of the files. She also sent some letters by Fax at 2.34 pm on the very same day. The alleged incident also occurred just before sending e-mail and the Fax. Both these documents are absolutely silent and do not make any reference to the applicants. In this matter, on last occasion, the learned APP sought time to take instructions. Today he states that there was no response from the concerned police station and he is not having any instructions in the matter. Keeping that in view and considering the submissions of Mr Gupte, learned senior counsel for the applicants, I am inclined to grant this application for anticipatory bail, subject to certain conditions. Hence, the following order. . In the event of arrest, both the applicants be released on bail in the sum of Rs.35,000/- with one or two sureties to make up the said amount, subject to condition that they shall report to the concerned police station every Saturday between 7 and 8 pm for a period of 90 days from today or till filing of the chargesheet, whichever is earlier. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)