[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2542 OF 2008 1. Atmaram Kerba Suryavanshi 2. Swami Nijuguni ..Applicants Vs. The State of Maharashtra ..Respondent ... Mr.Gajendra Jadhav Advocate for Applicants Mr.K.V.Saste APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : AUGUST 4, 2008 DATE : AUGUST 4, 2008 DATE : AUGUST 4, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicants and the learned A.P.P. for the State. 2. The applicants are seeking anticipatory bail in CR No.66 of 2008 of Charkop, Kandivali Police Station, Mumbai. The case is mainly under Section 326 of IPC. 3. The complainant is one Mr.Yadav. There was dispute between the complainant and one Dharmesh over SRA project. The case of the complainant is that on 7.3.2008, he came to be assaulted. In the [-2-] said incident, the complainant sustained fracture of the hand. In the FIR, the complainant has not named the applicants. However, in his further statement dated 19.6.2008, the complainant has stated that the applicant no.1 was present at the time of the incident. No overt act is attributed to the applicants. 4. Looking to the fact that the complainant for the first time, in his further statement, recorded on 19.6.2008 has mentioned the name of the applicants, I find much merit in the submission that the applicants have been falsely implicated. Moreover, it is seen that even in the further statement no overt act is attributed to the applicant no.1 by the complainant and the complainant has merely stated that applicant no.1 was present at the time of the incident. As far as applicant no.2 is concerned, the complainant has not named the applicant no.2 in his FIR or in his further statement, however, there are some witnesses who have named the applicant no.2 in their further statements recorded on 20.6.2008. However, these witnesses have not attributed any role of assault to the complainant to applicant [-3-] no.2. There is only one injury certificate on record i.e. injury certificate of the complainant. Looking to this fact, I am inclined to grant anticipatory bail to both the applicants. 5. In the event of arrest, each of applicant nos.1 and 2 i.e. applicant no.1-Atmaram Kerba Suryavanshi and applicant no.2-Swami Nijuguni be released on bail in the sum of Rs.30,000/- (Rs. thirty thousand only) each with one or two sureties to make up the said amount. The applicants shall report to Charkop, Kandivali Police Station, Mumbai once in a fortnight till conclusion of the trial. 6. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]