*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4336/2009 Bagaharaij Gajadhar Kanojiya. ..Applicant -VERSUS- The State of Maharashtra. ..Respondent ............... Mr.S.K.Keswani, Advocate for the Applicant. Mr.H.J.Dedhia, A.P.P., for the Respondent/State. ............... CORAM: A.P.DESHPANDE, J. Dated 07th October, 2009. PC:- 1 Apprehending arrest in Crime No.40/2009 registered with Vimantal Police Station for the offences punishable under Section 307 r/w 34 of the Indian Penal Code, this application is moved claiming anticipatory bail. 2 It is the case of prosecution that the present Applicant had assaulted the injured with knife in his abdomen. The Complainant and the Applicant are brothers. 3 According to the learned counsel for the Applicant, the cases are being fought between two brothers and are pending in the Courts at Uttar Pradesh. It is also submitted that at the relevant time the Applicant was in Uttar Pradesh and has no concern with the commission of crime. 4 Perused the First Information Report and the injury *2* certificate. 5 Plea of alibi cannot be considered at this stage. 6 Having regard to the nature of offence and the injury, I am of the clear view that no case for anticipatory bail is made out and the custodial interrogation is necessary as contended by the learned APP. 7 In the result, the application is rejected. -sd- (A.P. Deshpande, J)