1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3699 OF 2010 1. Ramesh Uttamrao Patil (Gapat) Age : 34 years, Occ : Agril., R/o Indapur, Tq. Washi, Dist. Osmanabad. 2. Prabhakar Uttamrao Patil (Gapat) Age : 32 years, Occ : Agril., R/o as above. 3. Jitendra Ankush Patil (Gapat) Age : 20 years, Occ : Agril., R/o As above. 4. Hanumant Shivaji Parde Age : 25 years, Occ : Agril., R/o As above. 5. Fulchand Parasram Jadhav Age : 30 years, Occ : Agril., R/o As above. 6. Vishwanath Kalyan Gapat Age : 26 years, Occ : Agril., R/o as above. 7. Ashok @ Babu Shridhar Gapat Age : 42 years, Occ : Agril., R/o as above. 8. Sachin Madhukar Gapat Age : 23 years, Occ : Agril., R/o As above. 9. Madhukar Tatyaba Gapat Age : 55 years, Occ : Agril., R/o As above. ..APPLICANTS -VERSUS- The State of Maharashtra ..RESPONDENT 2 ......... Mrs. M.A. Kulkarni, Advocate for applicants. Mr. N.H. Borade, A.P.P. for respondent. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 7th October, 2010. PER COURT : 1. This is an application for anticipatory bail. 2. The avernments in the F.I.R. purports to show that on 24th August, 2010 at about 8.30 a.m. the informant, namely, Rajendra Gapat was present in the house when all the applicants suddenly barged in his house. They assaulted him by fists and kicks. They further assaulted him by means of stick and took away the golden chain, golden ring and cash amount of Rs. 16,000/- from him. His mother Chanubai was also assaulted and her gold ornaments were taken away during the course of incident. 3. Heard learned Advocate for the applicants and the learned A.P.P. 4. Perusal of the investigating papers, prima facie, indicate that though informant-Rajendra alleged that he was assaulted by means of stick and multiple blows were given yet there were three abrasion injuries found on his person. The abrasion is of simple nature. So also, no serious injury was found 3 on the person of Chanubai @ Chabubai. She has received abrasions and blunt injury on right forearm. Both the injuries were simple and negligible. Ordinarily, if the group of nine accused person would have mounted assault after entering the house with certain pre-mediation, mere abrasions could not have occurred on persons of victims. It appears that the informant has added certain spice in his report regarding taking away the gold and cash amount by the group of the applicants in order to blow the incident out of proportionate. The F.I.R. itself shows that the informant is leader of opposite group on the village level. In other word, the villagers are divided in two factions. It does not stand to reason that without any prior dispute all the applicants entered the house of the informant in the relevant morning and without any motive they started assaulting him as alleged. It appears that due to prior enmity, the informant has roped in all the applicants and minor incident is blown out of proportions so as to show that such cognizable offence has taken place. Considering these aspects, the applicants are entitled to seek the anticipatory bail. 5. In the result, the application is allowed. The applicants shall be directed to be released on bail in the event of their arrest as per the order dated 15.09.2010 and on condition that they shall attend the concerned police station on each Thursday 4 and Saturday between 10 a.m. to 4 p.m. in order to face interrogation. They shall co-operate with the Investigating Officer. Any default committed by them in attending the Police Station entail cancellation of the anticipatory bail. They shall attend the concerned Police Station on above days for four weeks henceforth or till the filing of the report/ charge sheet, whichever is earlier. (V.R.KINGAONKAR) JUDGE gas/cri3699.10