{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 296 OF 2010 Ananda s/o Kashinath Patil Age-41 years, Occ-Service R/o Papner, Tq & Dist-Nandurbar APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.P.S.Patil, Advocate for applicant Mr.N.R.Shaikh, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 25th January 2010 PER COURT: 1. By this application, the applicant has moved this Court for his release on anticipatory bail in the event of his arrest in connection with CR No.145/2009 registered with Nandurbar City police station for an offence punishable u/s 353, 183, 504, 506 of the Indian Penal Code. 2. Heard learned counsel for the applicant followed by the submissions of learned APP. Perused the papers of investigation and the newspaper cutting annexed with the application. 3. It is contended that the complaint does not prima {2} faice, satisfy the ingredients of the offence for which the same is lodged, particularly, in the light of statements disclosed in the complaint that when the present applicant was intercepted he was having some coping material which he had brought with an intention to supply to the students at the time of examination. What was the material in the hands of the applicant cannot be ascertained as admittedly the same was not seized and there is no explanation as to why the same was not seized at the time when the applicant was intercepted at the examination hall. In the premise, possibility of false implication cannot be ruled out. In the premise, case is made out to exercise discretion u/s 438 of the Criminal Procedure Code to enlarge the applicant on anticipatory bail. 4. In the result, the application is allowed. In the event of arrest of the applicant in connection with CR No.145/2009 registered with Nandurbar city police station, he be released on bail on his furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. The applicant is directed to cooperate with the investigation agency. This protection is to remain in force till filing of the charge sheet. Thereafter, the applicant may, if so advised, apply for regular bail. [A.V.POTDAR, J.] drp/A10/criapln296-10