( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4188 OF 2010 Bapu Rama Gopalghare, R/o Jamkhed, Taluka Jamkhed, Dist. Ahmednagar. APPLICANT VERSUS The State of Maharashtra RESPONDENT .... Mr. K.D. Bade-Patil, advocate holding for Mr. A.P. Avhad, advocate for the applicant. Mr. N.H. Borade, APP for the respondent/State. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 19th November, 2010] PER COURT : 1. This is an application for anticipatory bail. 2. Heard learned advocate for the applicant and learned A.P.P. 3. It emerges from the record that the FIR lodged by Govind Avasare is to the effect that on 4th June, 2010, he went to his Juice Centre at about 7.30 p.m. At about 8.30 p.m., he was contacted by one Gopal Ghare, Anil Babar and Bandu Dongre on telephone. They abused him and inquired ( 2 ) whether he was present at his Juice Centre. They went to his Juice Centre and started abusing him at about 10.30 p.m. They assaulted him by means of a wooden stick. One Kaka Garje fired a bullet in his direction. However, he got missed the bullet which struck Anil Babar who was in the group of the assailants and, therefore, said Anil Babar was injured. There is a counter complaint filed by Anil Babar, alleging that the complainant - Govind Avasare assaulted him and fired a bullet in his direction at about 11.35 p.m. on the road. Considering the nature of rival complaints, it is prima facie explicit that full name of the applicant is not spelt out in the FIR lodged by Govind Avasare and moreover, his story that he got missed the bullet is also prima facie unacceptable in view of the counter version of the injured himself. Consequently, the arrest of the applicant does not appear to be necessary for the purpose of effective investigation. 4. In the result, the application is allowed. The applicant is directed to be released on bail on furnishing of bail bonds in sum of Rs. 20,000/- (rupees twenty thousand), before the Arresting Officer, in the event of his arrest, and on condition that he shall attend concerned Police Station on each Tuesday and Saturday between 10 a.m. and 2 p.m. and shall ( 3 ) cooperate with the Investigating Officer. Any recovery made from him during the said period may be considered as recovery under section 27 of the Evidence Act. He shall attend the Police Station in above manner for four (4) consecutive weeks commencing from 22nd November, 2010, or till filing of the final report/chargesheet, whichever is earlier and in the meanwhile, shall not make any attempt to tamper with the prosecution evidence. [V.R. KINGAONKAR] JUDGE NPJ/criapln4188-10