(1) CRI.APP. 3419.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3419 OF 2010 Baba @ Fulchand S/o Ittu @ Vitthal Shiraskar, Age : 50 years, Occu.: Service, Lineman R/o Limboni Baug, Tambri Vibhag, Osmanabad Tq. and Dist. Osmanabad .. Applicant VERSUS The State of Maharashtra Through Investigating Officer, Tuljapur Police Station, Dist. Osmanabad (Copy to be served on Public Prosecutor, High Court of Judicature of Bombay Bench at Aurangabad) .. Respondent Mr. S.S. Wakure, Advocate for the Applicant Mr. B.J. Sonawane, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 27TH SEPTEMBER, 2010 ORAL ORDER:- 1. By this Application the applicant seeks direction under section 438 of the Code of Criminal Procedure. 2. Heard learned Advocate for the applicant and learned APP. (2) CRI.APP. 3419.2010 3. Perusal of the investigation papers purport to show that the complainant Sanjeevani was examined by the Medical Officer of the Rural Hospital, Tuljapur on 2.7.2010. It was noticed by the Medical Officer that an abrasion over left hand and blunt trauma on the back was found. Both the said injuries are described as simple injuries. According to the prosecution, on several occasions, the complainant- Smt. Sanjeevani was ill-treated and beaten up by the applicant and his relatives. It is also alleged that the husband of the complainant attempted to throttle her by neck. However, the medical evidence reveals that there was no single injury found on the neck. It prima facie appears that she attempted to exaggerate the incident. 4. Under the circumstances, the arrest of the applicant is not necessary for the purpose of effective investigation. He is likely to be humiliated due to the arrest. (3) CRI.APP. 3419.2010 5. In the result, the Application is allowed. The applicant be released on bail on furnishing of bail bond in sum of Rs.15,000/- (Rs. Fifteen Thousand) with one surety bond in the like sum, before the Arresting Officer, and on condition that he will attend the concerned Police Station on each Sunday between 10.00 am. to 2.00 pm. for three consecutive Sundays henceforth and will co-operate with the Investigation Officer. He shall not make any attempt to tamper with the prosecution witness. Application disposed of. Sd/- [V.R. KINGAONKAR, J.] arp