(1) CRI. APLN. 4413.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4413 OF 2010 Pandurang S/o Pralhad Phad, Age : 28 years, Occu.: Bis, R/o Zola, Tq. Gangakhed, Dist. Parbhani APPLICANT VERSUS The State of Maharashtra Through Police Station, Gangakhed, Dist. Parbhani RESPONDENT ..... Mr. J.M. Murkute, Advocate for the Applicant. Mr. B.J. Sonawane, A.P.P. for the respondent/State. ..... CORAM : V.R. KINGAONKAR, J. DATED : 3RD DECEMBER, 2010 ORAL ORDER:- 1. The Application is for directions under section 438 of the Code of Criminal Procedure. 2. Heard learned Advocate for the applicant and learned A.P.P. Perused the investigation papers. 3. It prima facie appears that the applicant lodged F.I.R. alleging that in the evening of 28.11.2009, the complainant Raju Nagargoje and one more person were quarreling in front of his pan shop. (2) CRI. APLN. 4413.2010 He alleged that complainant Raju Nagargoje was in drunken condition and had called his brother during course of the quarrel. When he had objected they assaulted him and took away Rs.5000/- from his person as well as caused damage to his pan shop and the articles like T.V., glass panel etc. On basis of his complaint, crime no.199 of 2009 was registered by the Police. It appears that said Rajabhau Nagargoje lodged a report alleging that he was beaten up by the applicant. The F.I.R. purports to show that the applicant himself caused damage to the pan shop. 4. Considering the fact that complainant Rajabhau Nagargoje sustained only three minor injuries, of negligible nature like contusion on left thigh of 2 X 2 cm. and one abrasion on occipital region alongwith punctured wound on occipital region of 0.5 X 0.5 cm., it is more probable that the applicant might not have assaulted him by means of a spade as alleged in the F.I.R. It is also prima facie improbable that the applicant caused damage to his pan shop with a view to frame the complainant. (3) CRI. APLN. 4413.2010 5. Considering the rival versions and the minor nature of the injuries on the person of the complainant Rajabhau Nagargoje, the applicant deserves liberty as there is probability of exaggeration of the allegations against him. It is worthy to be noted that in the counter-complaint the applicant alleged that said Rajabhau Nagargoje was in drunken condition and had called his brother by giving call, using cell-phone. A drunken man could be fallen even with slight force. 6. Considering the foregoing reasons the Application is allowed. The applicant is directed to be released on bail in the event of his arrest, on furnishing of bail bonds in sum of Rs.10,000/- (Rs.Ten Thousand) and on condition that he shall attend the concerned Police Station on each Sunday between 2.00 pm. to 5.00 pm. and shall actively co- operate with the Investigating Officer in the course of investigation. The observations in the order be not considered in any other matter. Sd/- [V. R. KINGAONKAR, J.] arp