1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application [ABA] No. 214 of 2011 (Anwar Ahmed Khan S/o. Salabat Khan Vs. State of Maharashtra) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. J.M. Gandhi, Advocate for the applicant. Mr. D.P. Patel, APP for the State/respondent. CORAM : M.N. GILANI, J. DATE : 11 th JULY, 2011. Heard. This is an application under Section 438 of Code of Criminal Procedure for grant of anticipatory bail filed by the applicant against whom the offence bearing Crime No. 1/2011 under Sections 302, 307, 147, 148 and 149 of Indian Penal Code is registered at Police Station Patul, District Akola. One Sikandar Khan and two others were assaulted by a group of persons on 31/12/2010 at 9:30 p.m. in Kazipura-Patur. One Irfan Khan, cousin of deceased, lodged F.I.R. Sikandar Khan, who sustained injuries, died before he was taken to hospital. Initially and on the basis of F.I.R., offence against seven accused persons was registered. During investigation, the name of present applicant is surfaced. Perused case-diary. Irfan Khan and Maldarkhan, both the injured had stated that while seven accused were assaulting, three more persons, including the applicant. armed with the sticks 2 joined the said unlawful assembly. The overt act is also attributed to them. Since then the present applicant is absconding. Learned counsel for the applicant contended that the name of the applicant is not appearing in the F.I.R. He is a student and, therefore, he should be released on anticipatory bail. He relied upon the decision in case of Abdul Hamit Ansari and others Vs. State of Maharashtra, AIR 2000 SUPREME COURT 3541(1). This is the case where one person was dead and two others were injured. During recording of statements of injured persons, the name of the present applicant surfaced. The overt act is also attributed to him. In that light of the matter, there would be no justification in using discretion of issuing directions under Section 438 Criminal Procedure Code for releasing the applicant on anticipatory bail. Application is rejected. JUDGE *Sdw