1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3640 OF 2010 Bapu Santosh Sapkale ..APPLICANT -VERSUS- The State of Maharashtra ..RESPONDENT ......... Mr. V.B. Patil, advocate for applicant Mr. N.H. Borade, A.P.P. for respondent ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 1 st October, 2010. PER COURT : 1. By this application, the applicants seek anticipatory bail under Section 438 of the Criminal Procedure Code. 2. Heard learned Advocate and learned A.P.P. 3. The contention of learned Advocate for the applicant is that the applicant himself was assaulted and injured during the course of same incident, which occurred at about 2.30 p.m. on 22nd August, 2010. He points out that the applicant lodged F.I.R. regarding the incident while he was being treated in civil hospital. He contended that due to lodging of such information and when the applicant was in civil hospital, a false F.I.R. was lodged by one Vijay Adakmol. He contended that applicant is likely to be arrested 2 without substantial reason and is likely to be humiliated. 4. True, there are counter complaints filed by both the groups. The tenor of the F.I.R. lodged by the applicant however shows that he noticed that there was rush of public members, and therefore, inquired as to what happened. He came to know that said Vijay Adakmol had beaten up Raju Sapkale because of the reason that the latter did not give money to him for purchasing liquor. The F.I.R. lodged by the applicant prima facie show that thereafter he along with his colleague i.e. Raju Sapkale, Mangesh Salunkhe, Dinesh Sapkale, Kiran Sapkale, Kishor Baviskar, Pradip Koli and Kiran Ahere immediately went to that place. In other words, the F.I.R. lodged by the applicant itself shows, prima facie, that he and his friends rushed to the place in order to retaliate and could be probable aggressors. The F.I.R. lodged by victim Vijay Adakmol prima facie show that the applicant was having sword. It appears that the applicant dealt glow of sword on eyebrow of said Vijay Adakmol. It further appears that one Kisan Sapkale was also injured during the course of assault. The copy of the injury certificate prima facie show that Vijay Adakmol received one contused lacerated wound over right front parietal area, having size of 3 x 0.5 x 0.5 c.m., Incised wound over left thumb base on left hand and contused lacerated wound over right hand little finger. 3 The nature of injuries found on person of Vijay Adakmol prima facie lend corroboration to the avernments made in the complaint. In this view of the matter, the applicant does not deserve discretionary relief because his arrest is not at all likely to be without any reason. The application is dismissed. (V.R.KINGAONKAR) JUDGE gas/cri3640.10