1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.420 OF 2010 1. Vishnu S/o.Narsappa Bol, Age-60 years, Occu-Agriculture, 2. Jalindhar S/o.Vishnu Bol, Age-30 years, Occu-Agriculture, Both R/o.Yakatpur, Tq.Ausa, Dist. Latur APPLICANTS VERSUS The State of Maharashtra RESPONDENT Mr.Sachin Deshmukh, learned counsel for applicants. Mr.N.B.Patil, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 17/02/2010 PER COURT : 1. By the present application, the applicants have approached this Court for their release on anticipatory bail, in the event of their arrest in connection with CR No.141/2009, registered in Ausa Police Station. 2. Heard learned counsel for applicants followed by the submissions of learned APP for State, and also perused the papers of 2 investigation till carried out. 3. From the perusal of papers of investigation, it appears that the said offence came to be registered on 18/12/2009 on the complaint of one Vidyabai Shashikant Patil, who is r/o. Mantri Nagar, Tal.Latur, Dist. Latur, about the alleged incident took place on 18/12/2009 in the afternoon around 1 p.m. to 2 p.m. when she was allegedly attacked by these applicants alongwith their relatives and some 7-8 unknown persons when she had been to her field to build the compound/fencing to her agricultural land. During the alleged incident, she was assaulted by the members of unlawful assembly, i.e. at the hands of these applicants. Her golden ornaments were snatched including cash in the sum of Rs.25,000/-, hence the offence. 4. According to counsel for applicants, as the wife of first applicant had lodged the complaint on 07/12/2009, which find reference in the last part of the complaint, as there is some dispute in respect of the agricultural land between the complainant and the group of applicants, this false complaint is lodged against the present applicants and others. No such incident is occurred. 5. Learned APP opposed the bail application. 6. Perusal of papers of investigation till carried out shows that even though the incident occurred on 18/12/2009, till date, no 3 injury certificate about the alleged assault on the complainant appeared to be collected. If one isolated lady was assaulted by the group of 4 to 5 male and 4 to 5 female, then the signs of violence must appear at the place of incident. There is panchnama of spot, but it is not discloses any incriminating event against applicants. Allegations against these applicants in the complaint are of sweeping nature. The statement of witnesses recorded during the investigation till carried out do not disclose the name of these two persons as they were the assailants who assaulted the complainant as alleged in the complaint or were present at the time of alleged assault. The overall effect of these papers of investigation is nothing but to exercise the discretion u/s. 438 of The Cr.P.C. In the result, order : O R D E R 1. Application is allowed. 2. Both the applicants be released on bail in the event of their arrest in connection with CR No.141/2009 of Ausa Police Station. 3. After released on bail, the applicants to give attendance to Ausa Police Station, if required on written requisition by the IO concerned. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/FEB 2010/cri.appl.420-10