cra3362.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3362 OF 2011 1) Dadarao s/o Kisan Wankhede, Age-40 years, Occu:Contractor, R/o-Andhari, Tq-Sillod, Dist-Aurangabad, 2) Abasaheb s/o Kisanrao Wankhede, Age-43 years, Occu:Editor, R/o-As above. ...APPLICANTS. VERSUS The State of Maharashtra, Through The Begampura Police Station, Aurangabad. ...RESPONDENT. ... Shri.A.R. Rathod Advocate for Applicants. Shri.B.J. Sonawane, A.P.P. for Respondent. ... CORAM: T.V. NALAWADE, J. DATE : 5TH AUGUST, 2011 PER COURT : 1. This Application is filed for anticipatory bail in C.R. No.II-3019 of 2011 cra3362.11 2 registered in Begampura Police Station, Dist- Aurangabad for the offences punishable under Section 67 of Information Technology Act,2000 and under Sections 507, 384 of the Indian Penal Code. The papers of investigation were made available. Both the sides are heard. 2. The crime is registered on the basis of report given by one Engineer, who is attached to Police Headquarter, Aurangabad. He has contended that one month prior to the date of incident, the work of maintenance of Police Headquarter and its repair, worth Rs.5,00,000/- was given to Yogdarshan Labour Co-operative society, Aurangabad and in connection with that work, Applicant No.1 Dadarao and one Raju More came to him. He has contended that as soon as these two persons got job in the premises of Police Headquarter, they prepared estimate for laying paver blocks with the help of one outsider and they insisted that he should sign on the estimate. He has contended that cra3362.11 3 he however, helped them in preparing estimate in respect of one hall which was to be constructed on the building of M.T. workshop. He has contended that as he refused to sign estimate prepared in respect of paver block, Dadarao and Raju became angry and started giving him abuses in filthy language on mobile phone and threat of life was given to him and he recorded this conversation. He has contended that when he informed to Dadarao that he had recorded the conversation, Dadarao informed about it to Abasaheb, Applicant No.2 and then he also gave threat to the complainant that he would file case under Atrocity Act. Then the Engineer approached to the Police and report came to be given. 3. The police papers include copy of so- called estimate which was prepared by Dadarao and Raju More and on which they wanted signature of the complainant. The papers include transcript of the conversation recorded by the complainant. The cra3362.11 4 conversation includes threats of life given to the complainant and also abuses in very filthy language. This record is sufficient to infer that at-least Raju More and Applicant No.1 Dadarao have given threats to the public officer and they have used the information technology. 4. There is no record as against Applicant No.2 Abasaheb, though it is contended that he also gave threat to the complainant. It was submitted that Raju More is arrested. It appears that Dadarao and Raju More are the main persons. 5. In view of the aforesaid circumstances, this Court holds that anticipatory bail can be granted to Applicant No.2. So, the Application in respect of Applicant No.1 Dadarao Kisan Wankhede stands rejected. Application in respect of Applicant No.2 Abasaheb Kisanrao Wankhede is allowed. In case of arrest of Applicant No.2 Abasaheb Kisanrao Wankhede in C.R. No.II-3019 of cra3362.11 5 2011 registered in Begampura Police Station, Dist- Aurangabad, for the offences punishable under Section 67 of Information Technology Act,2000 and under Sections 507, 384 of the Indian Penal Code, Applicant No.2 is to be released on bail on his furnishing P.R. and S.B. of Rs.15,000/- (Rupees Fifteen Thousand). The Applicant No.2 is to appear before the Investigating Officer for the period of one month from today, on every Sunday between 9.00 a.m. and 12.00 noon and he is to co-operate with the investigating agency. The Applicant No.2 is not to tamper with the prosecution witnesses and he is not to commit similar offence. The Criminal Application is disposed of. [T.V. NALAWADE, J.] asb/AUG11