1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4797 OF 2010 Kiran Ambar Patil and others ..APPLICANTS -VERSUS- The State of Maharashtra and another ..RESPONDENTS ......... Mr. C.R. Deshpande, advocate for applicants. Mr. P.P. More, A.P.P. for respondents. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 25 th November, 2010. PER COURT : 1. This is an application for anticipatory bail. 2. Heard learned Advocate for the applicants. He would submit that the F.I.R. prima facie implicates only Arjun Marathe as assailant, who used small sword (Gupti) during the course of assault but the medico legal certificate does not lend prima facie support to such allegations. He contended that there is also counter complaint lodged by applicant-Sanjay Marathe against the members of the opposite party. He contended, therefore, that the applicants are likely to be arrested without there being foundation to implicate them in the alleged crime bearing No. 171/2010 registered at Nandurbar Police Station. 2 3. At this juncture, it is not necessary to examine the role of each of the applicants in the commission of alleged offence. The F.I.R. prima facie purports to show that in the evening of 22.10.2010, the programme of dance called `Garba' was organized in an open ground in front of the house of informant. Applicant no. 11 Kailas @ Kalya and one Mahesh Marathe were found laughing at the dancing girls. When they were asked as to why they were laughing at the girls, they challenged the informant and threatened that they would `see' him. The programme of Garba dance was over by about 11 p.m. It is alleged that in the same night after midnight, the applicants gathered in front of the house of the informant. They were armed with hockey stick and small sword. They barged in the house of the informant and started beating him, his grand-mother and brothers. His brothers were injured. It prima facie appears that Arjun was injured during the course of incident and was referred to the general hospital for treatment. Whether the injury sustained by injured Arjun could be attributed to the small sword or it was caused by blunt object is the question, which can be considered during the course of investigation. There is, prima facie, evidence to implicate the applicants in the alleged crime. It is, therefore, difficult to hold that they are likely to be arrested without any foundation and are likely to be unnecessarily 3 humiliated due to such arrest. No prima facie case is made out and as such, the application is dismissed. (V.R.KINGAONKAR) JUDGE gas/cri4797.10