1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3248 OF 2010 Shaikh Taher Shaikh Yusuf, Age 21 yrs., Occu. Gavandi, R/o. Beldapura, Tq. & Dist. Hingoli. ....Applicant. Versus The State of Maharashtra Through Police Station Kallamnuri, Tq. Kallamnuri, Dist. Hingoli. ....Respondent. Mr. S.R. Kolhare, Advocate for applicant. Mr. N.H. Borade, A.P.P. for respondent. CORAM: V.R.KINGAONKAR, J. DATED: 25th August, 2010. PER COURT : 1. Heard learned counsel. 2. This is an application for anticipatory bail under section 438 of Cr. P. C. 3. The complaint was filed by advocate P.K. Deshmukh, alleging that on 6.7.2010 he received telephonic information from his agricultural 2 servant by name Kondiba to the effect that the applicant along with two other persons had gone to that locality of the village from the agricultural land along with a wire bundle and other articles. An offence for theft of wire bundle and the articles like construction material, etc., was registered against the applicant. 4. The applicant alleges that he was working as a mason in the agricultural land of the complainant and due to dispute over non payment of the amount due, a false complaint has been lodged against him. It appears, however, that one Ranjanabai witnessed the incident. The name of the applicant as person who had taken away the articles from the agricultural land is immediately disclosed in the F.I.R. The complainant is an advocate. It is unlikely that heat flamed against the applicant is without any reason. The applicant is not, therefore, entitled to seek bail in anticipation of arrest. Application is rejected. [ V.R.KINGAONKAR, J.] ssc/ca3248.10