{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3721 OF 2009 Shaikh Babbu Shaikh Dada Bhai & Another APPLICANTS VERSUS The State of Maharashtra RESPONDENT ....... Mrs.A.N.Ansari, Advocate for applicants Mr.B.J.Sonawane, APP for the State ....... [CORAM : A.V.POTDAR, J.] DATE: 26th November 2009 PER COURT: 1. By the present application, the applicants have prayed to release them on anticipatory bail in the event of their arrest in connection with CR No.90/2009 registered with Sillegoan Police Station for an offence punishable u/s 143 to 149, 323, 324 and 504 of the Indian Penal Code and u/s 135 of the Bombay Police Act. 2. Heard learned counsel for the applicants followed by the submissions of the learned APP. Perused the papers of investigation. 3. It is urged by the learned counsel for the applicants that the applicants were not present at the spot of alleged incident at the relevant time as applicant No.1 is a driver and was on his duty at the relevant time and applicant No.2 is a cook and he was also attending his duty at {2} the relevant time. However, except mere submissions that the applicants were not present at the spot of alleged incident at the relevant time, there is nothing on record to show that the applicants were engaged somewhere else at the relevant time and they were not present at the spot of incident. 4. It appears that the complaint discloses specific role played by both the applicants as it is alleged that applicant No.1 used wire rope to assault while applicant No.2 has used stick to assault the complainant. Considering the medical evidence, it prima facie appears that there is nexus between the injuries sustained by the complainant and the weapons used by the applicants, as alleged in the compliant. It prima facie appears that the applicants have played active role in assaulting the complainant. In the premise, this is not a fit case to exercise discretion to enlarge the applicants on anticipatory bail. 5. In the result, the application, which is sans merits, stands rejected. [A.V.POTDAR, J.] drp/criapln3721-09