1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO.412 OF 2011 (MAHENDRA BHAURAO GHETE //VS// STATE OF MAH. THR. PS. MANA, DIST. AKOLA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.A.S.Mardikar, Advocate for Applicant. Mr.D.M.Kale, A.P.P. for Respondent. CORAM : M.N.GILANI, J. DATE : DECEMBER 12, 2011. Heard both sides. This is an application under Section 438 of the Code of Criminal Procedure for releasing the applicant/ accused on bail in Crime No.69 of 2011 registered with Police Station, Mana, Tahsil : Murtizapur, District : Nagpur for the offence punishable under Sections 436 and 506 of the Indian Penal Code. On the night intervening 28.10.2011 and 29.10.2011 the shop owned by Gajanan Kale was destroyed in the fire. In the first information report it is alleged that on 28.10.2011 at 9.30 p.m. the accused had come to his shop and at that time he was under influence of liquor. He demanded a CFL lamp on credit. The complainant refused to sell the same on credit. In turn, the applicant/ accused had threatened the complainant that he would set on fire his shop. When the complainant closed the shop and was leaving the applicant/ accused was seen sitting on the otta of the shop. At about 1.00 a.m. (in the midnight) there was fire in the shop. The goods worth `forty lac were gutted in the fire. 2 It is the case of the applicant/ accused that because of pre-existing enmity and at the instance of one Ramdas Chakre false report has been lodged against him. It is further stated that the complainant had stocked fire crackers. Short circuit in the electricity line and the fire crackers might be the reason of fire. The learned Additional Sessions Judge, Akola rejected the application, after observing that for the purpose of investigation custodial interrogation of the applicant/ accused is necessary. Prima-facie, it cannot be said at this stage that the accused had not been to the shop of the complainant and asked for CFL lamp on credit and then the complainant refused to oblige him. The allegations that the accused was annoyed and threatened the complainant that his shop would be set on fire and at that time the accused was heavily drunk, also cannot be disputed. Considering the fact that the shop was destroyed in fire and in that the property worth `forty lac was destroyed and considering the averments made in the application it does not appear to be the fit case to grant anticipatory bail. The application is rejected. JUDGE RR..