1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 1234/2009 (Vijay Shivajirao Tate ..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 : 29 th APRIL, 2009 CRIMINAL APPLICATION NO.1235/2009 Heard Shri Gupta, Advocate,for the applicant. Filing of certified copy of the order of the trial Court is presently dispensed with. Application disposed of. CRIMINAL APPLICATION NO. 1234/2009. Heard Shri Gupta, Advocate, for the applicant and Shri Sonare, APP, for respondent State. This is an application under Section 438 of Cr.P.C. for grant of anticipatory bail. The applicant is apprehending arrest for the offence punishable under Sections 147, 148, 149, 307 of the I.P.C. r/w Section 135 of the Bombay Police Act, in Crime No. 34/2009 of Police Station Narkhed. The main contention of the applicant is that there is no overt act in the assault attributed to the applicant. 2 The learned APP has pointed out the statement of Ruprao Choudhari, to show that there is allegation of an overt act of assault on him by the applicant. I have gone through it. It appears that the applicant was along with the person who had came by TAVERA to assault the said Ruprao Choudhari. Not only he was assaulted but one Vaishali, wife of Ruprao Choudhari also seems to have been assaulted by the assailants. No doubt, some of the accused are released on bail, but that does not entitle the applicant for grant of anticipatory bail. The application is, therefore, rejected. However, liberty to the applicant to move for bail in the trial Court. It is made clear that the above observations are in prima facie view of the matter and the same shall not influence the trial Judge in any way while deciding the matter on merits. Application disposed of. JUDGE Rvjalit