IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 1270/2009 (Baldeo Babarao Pakhare vs. State of Mah. ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : S.R.DONGAONKAR, J. DATE : 28 th APRIL, 2009 Heard Shri Narwade, Advocate, for the applicant and Shri Mandpe, APP, for respondent State. This is an application under Section 438 of Cr.P.c. for grant of anticipatory bail. The applicant along with other accused have been alleged to have committed offence under Section 399 r/w Section 34 of the I.P.C., in Crime No. 195/2008 of Police Station Akot. The contents of the F.I.R. shows that one of the accused was having sword in hand, one of the accused was having Kukri in hand while the other accused alleged to have possession iron pipe in hand. The persons accompanying with the present applicant had threatened the complainant when he uttered that the locality was of gentlemen. Although the main allegations are against the other accused, that fact by itself will not entitle the applicant for grant of anticipatory bail. He may apply for bail in such circumstances. Considering the totality of the circumstances, it is not possible to grant anticipatory bail. The application is rejected. It is made clear that the above observations are in prima facie view of the matter and shall not influence the learned trial Judge while deciding anything on merits, including Bail application. JUDGE Rvjalit