1 Cr. Appln. 4804.2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4804 OF 2010 Sohail Qureshi S/o Haji Muktar Qureshi and others ..APPLICANTS -VERSUS- The State of Maharashtra and another ..RESPONDENTS ......... Mrs. Ghanekar holding for Mr. N.S. Ghanekar, advocate for applicants Mr. N.H. Borade, 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 appearing for the applicants. 3. It appears from the recitals of the F.I.R. that the informant is a student and was at Aurangabad during the course of vacation. His maternal cousin was taking education in 11th standard at Maulana Azad College. On 28.10.2010, the maternal cousin informed him on Cellphone that one boy had teased her. He, therefore, went to help her along with husband of his maternal aunt, and brother of his maternal cousin, by name, Abdul Ajij. They located the eve teaser. They found that the applicant was indulging 2 Cr. Appln. 4804.2010 into eve teasing, and therefore, they took him to the office of the Principal of the College. Subsequently, the uncle of the applicant reached the college with some 4-5 persons and got him released. The applicant is said to have threatened the informant of dire consequences. The informant and his maternal cousin narrated the incident to Principal-Shri. Makdum. On 02.11.2010 while the informant had been to Internet Cafe around 8.30/8.45 p.m. to check the e-mails, allegedly, the applicant, his brother and two friends suddenly assaulted him. The applicant is said to have dealt blow of an iron rod on his head and his two friends assaulted him by means of iron rods whereas his brother kicked him on the back. They took him at Sillekhana Darga and again assaulted him. They further threatened him that they would abduct his maternal cousin i.e. Jainab and would eliminate him and his sister. 4. The learned Advocate appearing for the applicants would submit that no serious injury was found on the person of the informant. It is argued that the F.I.R. is lodged due to enmity and the applicants are likely to be arrested without there being foundation to infer commission of offence under Section 307 of the Indian Penal Code. It is contended that the informant has blown the incident out of proportions and as such the applicants deserve the pre-arrest bail. I find it difficult to countenance the arguments. 3 Cr. Appln. 4804.2010 5. The F.I.R. and the relevant record prima facie shows that the names of the applicants were immediately disclosed and they together had chased the informant. They were having grouse against the informant. They threatened to eliminate him and his sister. They were aggrieved because applicant no.1-Sohel was taken to the office of the Principal of the college for alleged eve teasing. It appears that the informant had received seven injuries. Considering the nature of the accusations and the fact that there was no previous enmity between the informant and the applicants, it is explicit prima facie that the applicants assaulted the informant out of vendetta and particularly on account of the fact that they were exposed as eve teasers. They do not deserve any sympathy. The application is, therefore, dismissed. (V. R. KINGAONKAR) JUDGE gas/cri4804.10