1 Cri.A.1787.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1787 OF 2011 1. Madhav S/o Vishwanath Yadav, 2. Bhivrao S/o Vishwanath Yadav, 3. Keshav S/o Bhivrao Yadav, 4. Ashok S/o Bhivrao Yadav, All R/o Rampuri, Tq. Manwat, District Parbhani. ...APPLICANTS. VERSUS 1. The State of Maharashtra, ...RESPONDENT. ... Shri.S.S.Choudhari, Advocate for Applicants. Shri.G.R.Ingole, A.P.P. for Respondents Nos.1 and 2. ... CORAM: T.V.NALAWADE, J. DATE : 21ST JUNE, 2011. PER COURT : 1. This application is filed for anticipatory bail, in Crime No. 34 of 2011, registered with Manwat Police Station, Tq. Manwat District Parbhani, for the offence punishable under sections 326, 147, 148, 149, 448, 504 and 506 of the Indian Penal Code and 135 of the Bombay Police Act. 2 Cri.A.1787.11 2. A crime is registered on the basis of report given by one Balasaheb S/o Bapurao Yadav on 06.04.2011. APP is ready with papers of investigation made by the Police. The Papers of investigation consists injury certificates in respect of the Balasaheb and one more injured. Both sides are heard. 3. In the report, allegations are made that incident took place on 04.04.2011 due to dispute over the common wall situated between the house of the family of the complainant and the house of the family of present applicants. It is contended that due to this dispute quarrel was picked up and he was assaulted. Allegations are made against applicant- Madhav, that he used knife and he inflicted blow of knife on the head of the complainant and also on the finger of right hand of his nephew Vikas. Allegations are made against applicant No.2 Bhimrao and applicant No.4- Ashok that they assaulted by using bricks on the chest and back. The injury certificates show that complainant received injury like laceration and contusion over left parietal region and right paw. Vikas sustained two contusions over right hand finger and all injuries are described as simple in nature. The witnesses are examined on 04.04.2011. 4. As against aforesaid material, advocate for the applicants submitted 3 Cri.A.1787.11 that prior to registration of the present crime report was given by applicant No.2 against the complainant and others on 05.04.2011 and Crime No. 33 of 2011 is registered with same police station for the offence punishable under sections 326, 452,147, 148 and 149 of the Indian Penal Code and under section 135 of the Bombay Police Act. A copy of the said FIR is produced. Allegations are made that other side used weapons like knife and bricks. Allegations are made against the present complainant Balasaheb that he used iron bar and injury certificate in respect of applicant NO.2 is produced to show that he sustained at least six injuries. There were injuries on head and C.T. scan was done due to injuries. He was indore patient from 05.04.2011 to 15.04.2011. It was submitted that only to give counter blast to the complaint given by the applicant No.2 report came to be filed by other side. It was submitted that in view of the conditions imposed while granting interim bail, applicants have attended the concerned Police Station and they have co-operated the investigating agency. APP submitted that weapons are not yet recovered, so application cannot be allowed. 5. Investigation papers and record show that offence registered against the present applicants is subsequent and similar offence came to be registered against present complainant and his family members on 05.04.2011. Though, there is allegation that knife was used, injuries are 4 Cri.A.1787.11 described as simple and probable weapon as described is hard and blunt object. Against both sides, section 149 of Indian Penal Code is used. In view of the circumstances, Police need not require custody of the applicants for the purpose of investigation, thus, this Court holds that subject to certain conditions anticipatory bail can be granted . So, application is allowed and the ad-interim anticipatory bail granted in favour of the applicants is confirmed with same conditions and conditions will operate for the period of one month. Sd/- [ T.V.NALAWADE, J.] MTK