1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2507 OF 2010 Digambar Bhila Hire ..Applicant Vs. State of Maharashtra and anr. ..Respondents ......... Mr.Dinesh Kadam, for applicant. Mrs.M.M.Deshmukh, APP for respondent - State. ......... CORAM: R.G.KETKAR, J. (VACATION COURT) DATE : 3rd JUNE, 2010. P.C. : This application is for grant of anticipatory bail in connection with crime No.I-75 of 2010 registered with Taluka Police Station, Malegaon, District Nashik for the offences punishable under Sections 395, 397 and 452 Indian Penal Code. 2] Heard Mr.Dinesh Kadam, learned counsel for applicant and Mrs.M.M.Deshmukh, learned APP for respondent – State. 3] It is submitted on behalf of the applicant that the applicant is working as Assistant Teacher in Mahatma Gandhi Vidya Mandir, Malegaon Camp, District Nashik. He is also resident of Malegaon which is at a distance of 25 km. from Nimgaon. The applicant is the brother of Madan Bhila Hire, applicant in Criminal 2507-10.sxw 2 Application No.2506 of 2010. Learned counsel for the applicant reiterated the submissions that were made in Criminal Application No.2506 of 2010 and in addition he submitted that the applicant was not present at the time of alleged incident. 4] On the other hand, learned APP reiterates her submission made in Criminal Application No.2506 of 2010. She submitted that applicant and others were armed with weapons like iron rods, sticks. Accused Mukund Hiray and Nandu Ahire were armed with swords. 5] In the present case, the alleged incident took place on 28 th March, 2010 which is Sunday. The defence of alibi cannot be gone into at this stage, particularly in the light of the statement of the complainant recorded immediately after the incident on 28 th March, 2010 wherein, prima facie, the presence of applicant is established. For the reasons recorded in the order passed in Criminal Application No.2506 of 2010, in my opinion, this is not a fit case for granting anticipatory bail. 6] Hence, Criminal Application is rejected. It is made clear that the observations made herein are for the purpose of disposal of this application seeking anticipatory bail. As and when the applicant applies for regular bail, the concerned Court shall decide the said application on the basis of the material on record and in accordance with law uninfluenced by the observations made herein. [R.G. KETKAR, J.] 2507-10.sxw