1 criapln2403-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2403 OF 2011 1] Lal Manpuran/Lalsing Rajput 2] Banty @ Baban Raju Kalunje .. APPLICANTS Vs 1] The State of Maha. 2] Supdt. of Police,Ahmednagar .. RESPONDENTS ... Smt.S.S.Jadhav,Adv. for applicants. Shri S.G.Nandedkar,APP for R-State. ... CRIMINAL APPLICATION NO.2252 OF 2011 1] Dilip Baburao Agarkar .. APPLICANT Vs 1] The State of Maha. 2] Supdt. of Police,Ahmednagar 3] Vijay Shriniwas Agrawal .. RESPONDENTS ... Smt.S.S.Jadhav,Adv. for applicants. Shri B.J.Sonawane,APP for R-State. ... CORAM : T.V.NALAWADE,J. DATE : 23/06/2011 2 criapln2403-11 ORAL ORDER: 1] The first application is filed for regular bail and the second application is filed for anticipatory bail. A.P.P. has made available the papers of investigation. For the applicants, also some record isproduced. Both sides are heard. 2] Crime No.154/2011 is registered in Topkhana police station, Dist.Ahmednagar, for offences punishable under Sections 307, 143, 147, 148, 149, 323 of I.P.C. ,and also for offence punishable u/s 22 of N.D.P.S. Act. The complainant Vijay Agrawal is working with the security agency which supplies watchmen and security guards to institutions like Municipal Corporation for working at octroi check posts. It is the case of complainant t hat about one month prior to the date of report, he and his colleague Ritesh Agrawal had intercepted 3 trucks loaded with cement bags when they noticed that there was evasion of octroi and penalty of Rs.56,650/- was recovered from the owners of these goods. It is contended that since then Yuvraj Karanjule, Ankush Chuttar were on enemical terms with him. 3] Complainant has made allegations that on 24/4/2011, when he went for his morning walk at about 6 a.m., Yuvraj Karanjule, Ankush Chuttar and present applicants intercepted him. He has made allegations that Sandip @ Balu Kothari and Ajay Chuttar were holding 3 criapln2403-11 hockey sticks. He has made allegations that Yuvraj Karanjule made him to inhale some substance due to which he became almost unconscious and then he was attacked by using hockey sticks. After this incident, he returned to home and he also resumed job. He has contended that as he was not feeling well, he left the place of job and he went to Pune. He has contended that on 25/4/11, he took treatment of Dr.Pardeshi and then his urine etc. was sent for analysis to the laboratory. He has contended that in the urine, the substance like morphine was detected and he feels that he was made to inhale this substance at the time of the incident. He has made allegations that attempt was made on his life in the incident. 4] Injury certificate prepared by Jahangir hospital is produced which is dated 29/4/2011 and it shows that the complainant was found to be in acute confused state of mine and there were some injuries due to which there was sub-dural haematoma. In the papers of investigation, there is report of test in respect of urine and it shows that morphine was detected in the urine. 5] It was submitted for the applicants that the main accused viz. Yuvraj Karanjule and Ankush Chuttar are released on bail. Copies of order passed by Sessions Court in their favour are produced. It was submitted that the F.I.R. was given very late and there is possibility of false implication due to some dispute between the complainant and 4 criapln2403-11 these 2 persons. A.P.P. relied on the statements of some witnesses to show that they heard about the incident. 6] Due to the circumstance that after the incident, the complainant did not approach police immediately, he resumed duty, he went to Pune on his own and he got examined at different places subsequently and vague allegation made against present applicants, this Court holds that it is fit case for granting anticipatory bail to applicant Dilip Agarkar and regular bail to Rajput and Kalunje in first proceeding. Police must have completed investigation. In view of the nature of incident and the papers produced in this Court, there is no need of custodial interrogation. So both the applications are allowed. 7] Applicant No. [1] Lal Manpuran/Lalsing Rajput and Applicant No. [2] Banty @ Baban Raju Kalunje from Criminal Application No. 2403/11 are to be released on bail on their furnishing P.R. bond of Rs. 15,000/- each. 8] Anticipatory bail is granted to the applicant Dilip Baburao Agarkar in Criminal Application No.2252/11. On his arrest in Crime No.154/2011 registered in Topkhana police station, Dist.Ahmednagar, for offences punishable under Sections 307, 143, 147, 148, 149, 323 of I.P.C. ,and also for offence punishable u/s 22 of N.D.P.S. Act, he be released on his furnishing P.R. bond of Rs.15,000/- The applicants 5 criapln2403-11 shall not tamper with prosecution witnesses. [T.V.NALAWADE,J.] umg/criapln2403-11