1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2863 OF 2010 Kundlik S/o.Datta Maske APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.V.M.Maney, learned counsel for applicant. Mr.K.S.Patil, learned APP for State CORAM : A.V.POTDAR, J. DATE : 13/08/2010 PER COURT : 1. By the present application, the applicant has prayed for his release on anticipatory bail, in the event of arrest in connection with CR No.26/2010, registered in Narsi Namdeo Police Station of Dist. Hingoli. 2. Heard learned counsel for applicant followed by the submissions of learned APP for State. Perused the papers of investigation till carried out. 3. It appears that the said offence was registered on the complaint of one Ganesh Phatangale about the incident dated 22/06/2010, which took place around 12.00 noon. The applicant and 2 complainant are having agricultural lands adjacent to each other. At the time of alleged incident, when the complainant was performing agricultural operations in his field alongwith his brother, one Datta Maske, the father of present applicant, came there and inquired as to why the waste was thrown in his field by the complainant, which fact was denied by the complainant. On that ground, scuffle took place between them. During the scuffle, present applicant and his brother Bhanudas came at the spot holding axe and spade in their hands. Blow of axe was given on the head of complainant, and he was also assaulted by this applicant with spade. Brother of complainant Balaji was also assaulted by the applicant and others. Papers of investigation disclose that immediately after the incident occurred, complainant Ganesh and his brother Balaji were admitted in the hospital. It is revealed from the medical certificate of Ganesh that he sustained 4-5 injuries while his brother Balaji also sustained similar type of injuries. Considering the fact that the incident was occurred in the broad day light, and as the complainant and applicant are neighbourers, there can not be any mistaken identity, and also there shall not be any false implication of applicant in the said offence. Application is sans any merit, hence rejected. (A.V.POTDAR, J.) khs/AUG 2010/cri.appl.2863-10