1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 1797 OF 2010 (Arun Damuji Bhure .v. State of Maharashtra) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri R.M. Daga, Advocate for the applicant. Shri P.V. Bhoyar, APP for the respondent/State. CORAM : PRASANNA B. VARALE, J. 02ND DECEMBER, 2010. Heard. By way of present application, the applicant is seeking anticipatory bail for the offence punishable under Sections 147, 148, 325, 506 read with Sections 149, 307 of the Indian Penal Code and under Section 4/25 of the Arms Act vide Crime No.462/2010 registered with the Police Station, Wardha (City), Wardha. Learned Counsel for the applicant submits that bare perusal of the report lodged with Wardha (City) Plice Station on 29.09.2010 would reveal that the complainant Rajendrakumar Manthanwar has alleged that the applicant along with Lakhe, Thamekar and other 8-10 persons picked up quarrel with the complainant on the ground that the complainant was chasing their vehicles and causing loss to them. It is further alleged that one of these persons made an assault with sword on the head of the complainant Rajendrakumar Manthanwar. It is further alleged that the threat was given to him. Learned Counsel for the applicant further submits that in spite of the fact that the complainant was knowing applicant and other persons and also alleges that the applicant picked up quarrel with the complainant, he has not stated about the identity of the person who assaulted with sword. He further submits that a vague statement is made that a threat was given to him, even it is not stated that who extended the threat to the complainant. He further submits that in view of such a vague statement, the case of the investigating agency raises doubt and suspicion. Learned Counsel further 2 submits that apart from the merits of the matter, he is also claiming the protection at the hands of this Court on the ground of parity. He further submits that the other accused namely Shri Lakhe and Shri Thamekar have approached this Court by moving Criminal Application No. 1638 of 2010 and this Court, by order, dated 20.10.2010 allowed the said application. Learned APP has filed reply. It is interesting to note that in the reply also, there is no specific identity disclosed about the assailant. The statement in the reply reads thus :- “... One of them from the group of accused persons assaulted the complainant Rajendra Manthanwar with sword on his head. Due to the said attack bleeding started from the head injury of the complainant and at the time the accused persons threatened him with dire consequences of life. ...” Learned APP invites my attention to the statements of some witnesses recorded by the investigating agency. Even those statements reveal that there is no specific identity disclosed about the assailant. When it was asked to learned APP that whether there is any supplementary statement of the complainant was recorded. Learned APP, on instructions, submits that no such supplementary statement was recorded. He further submits that it is an apprehension of the investigating agency that if the protection is granted to the applicant, he may not be available for investigation which is in progress. On consideration of the material, I find that there is no material brought by the investigating agency to connect the applicant with crime in question except vague statement that one of the accused persons assaulted the complainant Rajendrakumar. In view of the material placed on record, prima facie case is made out by the applicant. The apprehension expressed by the investigating agency can be taken care of by putting the applicant on certain conditions. 3 In the result, the application is allowed. Interim order is confirmed. The applicant be released on bail in the event of his arrest on furnishing PR bond of Rs.50,000/- (rupees fifty thousand only) with one surety in the like amount, on the following conditions. (i) The applicant to cooperate with the investigating agency and attend the Police Station, Wardha (City), Wardha on every Sunday between 09:00 a.m. and 12:00 noon, till filing of the charge sheet. (ii) The applicant shall not tamper with the evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. (iii) The applicant to submit his residential address and his contact numbers such as phone/mobile numbers to the investigating agency. (iv) In case the applicant is moving out of the area of Police Station, Wardha (City), Wardha, he shall inform the Police Station about his visit to other place. In case of breach of these conditions, the prosecution agency to take necessary steps in accordance with the provisions of law. JUDGE *rrg.