1 Cri.A.4849.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4849 OF 2011 Ankush S/o Ramdas Dhole, Age : 24 Years, Occup.: Labour, R/o Mogali Loaxmi Nagar, Dhule. ...APPLICANT. VERSUS 1) The State of Maharashtra, ...RESPONDENTS. ... Shri.Anilkumar B.Dhongade, Advocate for Applicant. Shri.B.V.Wagh, A.P.P. for Respondent-State. ... CORAM: R.Y.GANOO, J. DATE : 30TH NOVEMBER, 2011. PER COURT : 1. Heard learned counsel for both the sides. 2. The applicant is arrested in Crime no. 175 of 2011 registered with Dhule Town Police Station, District Dhule, Under section 307, 323, 504, 506 read with section 34 of the Indian Penal Code. This FIR is filed by Mr. Gopichand Tukaram Dhole, who claims to be an eye witness. In the FIR, it is alleged that in the night at around 11.30 p.m. on 17.07.2011, on account of quarrel, which is mentioned in para No.2 of the FIR, the present 2 Cri.A.4849.11 applicant assaulted Kishor Dhole with wooden log ( xkr ) . 3. It is pertinent to note that on 18.07.2011 on account of incident dated 17.07.2011 said Kishor was admitted in private hospital, where his statement was recorded by the Police Head Constable attached to Devpur Police Station Dhule. In the said statement, the said Kishor attributed the role to Sunil and he alleged that Sunil had assaulted him with stick. No role is attributed to this applicant He also stated that after the incident he was taken to the Police Station and there he had lodged the complaint against present applicant-Ankush, Anil and Sunil etc. The prosecution has not been able to produce before this Court the said complaint of which reference is made at hands of statement of Kishor. 4. It is noted that this statement of Kishor is recorded at about 7.50 a.m. on 18.07.2011 whereas the FIR rendered by Gopichand is lodged on 18.07.2011. Surely, this statement of Kishor must be a statement rendered to the police first in point of time before Gopichand. Now, in the charge- sheet, in supplementary statement of Kishor is recorded on 28.07.2011. In this statement Kishor attributed the role to the present applicant, which is also attributed by Gopichand. Reading of relevant record it is abundantly clear that at the first available opportunity Kishor had blamed Sunil for 3 Cri.A.4849.11 injuries suffered by him and at later point Kishor blamed present applicant. It is clear cut improvement and after thought on the part of Kishor. There is direct conflict in the FIR lodged by the Gopichand and statement of Kishor dated 18.07.2011. The applicant must get benefit of this discrepancy and he is required to be released on bail. The case of the prosecution is suspicious. Hence, the following order is passed: (1) The application is granted. (i) It is hereby ordered that applicant be released on bail in connection with in Crime no. 175 of 2011 registered with Dhule Town Police Station, District Dhule, Under section 307, 323, 504, 506 read with section 34 of the Indian Penal Code l in the sum of Rs.15,000/-(Rupees Fifteen Thousand)with one surety in the like amount. The applicant shall execute P.R. bond of sum of Rs.15,000/-(Rupees Fifteen Thousand). (ii) The applicant shall report the concerned Police Station on every second Sunday from 11.00 a. m. to 4.00 p. m. for a period of six months from the date of order. . The Criminal Application stands disposed of in the above terms accordingly. Sd/- [ R.Y.GANOO, J. ] MTK 4 Cri.A.4849.11