1 Appln 4554-10 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4554 OF 2010 Bharatsingh Kisansingh Bawari ..Applicant V/s. The State of Maharashtra ..Respondent Mr.V.V.Gangurde, Advocate, for the Applicant Ms Alpa T. Javeri, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 21ST DECEMBER, 2010 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for anticipatory bail by a person, who is alleged to have participated in an assault in the morning of 22nd September, 2010. The applicant contends that police had filed a report against the applicant under Section 151 of the Code of Criminal Procedure and 2 Appln 4554-10 applicant had filed an undertaking before the Court of JMFC, Pune that he would keep himself outside Pune from 10th September, 2010 to 22nd September, 2010 and he would stay with Raju Bepari residing at Nagoba Galli, Taluka & District Beed. The applicant also states that he was staying in Shri Yashodeep Lodge at Udgir, District Latur from 20th September, 2010 to 22nd September, 2010 at 9:30 a.m. to 5:30 p.m. The investigating officer had, in fact, checked up with the lodge keeper and has found from the statement of Lodge keeper recorded by him that the applicant was not present at the time his room mates vacated the room and he had already left. 3. In view of this, applicant's presence at the time of incident cannot be ruled out. Considering nature of allegation of assault against the applicant, he is not entitled to anticipatory bail. 3 Appln 4554-10 4. Criminal Application is rejected. (R.C.CHAVAN, J.)