(1) CRI.APP. 3620.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3620 OF 2010 Sunil S/o Maruti Rakhunde Age : 30 years, Occu.: Labour, R/o. Walmik Nagar, Bhusawal, Dist. Jalgaon .. Applicant VERSUS 1. The State of Maharashtra, Through the Police Station, Bhusawal City Police Station, Bhusawal, Taluka : Bhusawal, District : Jalgaon 2. The Superintendent of Police, District Jalgaon .. Respondents Mr. S.M. Ganachari, Advocate for the Applicant Mr. N.H. Borade, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 14TH SEPTEMBER, 2010 ORAL ORDER:- 1. This is an Application for anticipatory bail filed under section 438 of the Code of Criminal Procedure. 2. Heard learned Advocate for the applicant. 3. According to the learned Advocate for the (2) CRI.APP. 3620.2010 applicant, the FIR lodged by complainant Mahendra Sansare is by way of counter blast to the report submitted by his mother regarding an incident which allegedly occurred on 30.7.2010 at about 19.00 hours. His mother lodged a report to the effect that the informant Mahendra alias Vikki alias Vivek had threatened her. The FIR lodged by Mahendra Sansare prima facie indicates that on 31.7.2010, the applicant sent a messenger/servant by name Kailas to call him near a burial ground for settlement of earlier dispute. Therefore, he had gone near the burial ground where the applicant alongwith other accused persons were present. They formed an unlawful assembly and assaulted him by means of iron pipe, sword, stick and hockey stick etc. 4. Perusal of the FIR and the medical certificate shows that informant Mahendra had received injuries over occipital region, a blunt trauma on the wrist and an abrasion over the right hand. The informant and the present applicant were having prior dispute about the property. (3) CRI.APP. 3620.2010 5. Under the circumstances, involvement of the applicant is prima facie explicit from the recitals of the FIR and is corroborated by recitals of the medico-legal certificate and, therefore, it cannot be said that he is likely to be arrested on false grounds. Application dismissed. Sd/- [V.R. KINGAONKAR, J.] arp