1309aba299.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO. 299 OF 2011 (Vinod Laxman Ugale & 5 others Vs. The State of Maharashtra) ................................................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................................ Mr. V. N. Patre, Advocate for the applicants. Mr. M. A. Kadu, A.P.P. for the respondent-State. CORAM : U. V. BAKRE, J. DATED : 13TH SEPT., 2011 Heard. 2. The applicants, who apprehend their arrest in Crime No. 146 of 2011 of Risod Police Station for the offence punishable under Sections 143, 147, 148, 149, 324, 326 and 307 of the Indian Penal Code, have filed this application for pre-arrest bail. 3. The respondent has filed reply resisting the application. 4. Learned Advocate Shri Patre has strongly contended that the alleged assault by the applicants was on the leg of the victim and not on any vital part of the body. He further contended that there is a delay of two days in filing the complaint. He also pointed out that on 4/8/2011, applicant No.1 Vinod Ugale has filed complaint against the complainant namely Bhagwat Khandagale and that on account of the same, a false complaint has been filed. 1309aba299.11.odt 2/2 5. On the other hand, the learned A.P.P. has taken me through the F.I.R. which reveals involvement of all the applicants along with one Laxman Ugale in the incident of assault. The learned A.P.P. pointed out that the victim sustained fracture to the leg as also head injury. He further pointed out that the assault was with sticks and iron rod which weapons are yet to be recovered. 6. Upon perusal of the F.I.R., I agree with the learned A.P.P. that there is prima-facie evidence of unlawful assembly and assault by all the applicants as well as by Laxman Ugale on the victim and prima facie there was an attempt to commit his murder. Since the sticks and the iron rod are yet to be recovered and further the offence is of serious nature, custodial interrogation of the applicants would be necessary, and therefore, no case is made out for pre-arrest bail. Hence, the application is rejected. JUDGE wwl