1 Cri.A.2390.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2390 OF 2011 . Dadahari S/o Nakaji Kangane, Age : 71 Years, Occup.: Agril, R/o Hangewadi, Tq. Sangamner District Ahmednagar. ...APPLICANT. VERSUS . The State of Maharashtra ...RESPONDENT. ... Shri.A.Z.Gandhi, Advocate for Applicant. Shri.S.G.Nandedkar, A.P.P. for Respondents Nos.1 and 2. ... CORAM: T.V.NALAWADE, J. DATE : 8TH JULY, 2011. PER COURT : 1. This application is filed for anticipatory bail, in Crime No. 82 of 2011, registered with Sangamner Police Station, District Ahmednagar, for the offence punishable under sections 326, 325, 323, 504 and 506 read with section 34 of the Indian Penal Code. Papers of investigation were made available by APP. Both sides are heard. 2. Incident took place on 23.04.2011 after 8.30 a.m. One Ananda Sangle has made allegations against applicant and others that when a tyre of the tractor entered the field of complainant during ploughing of 2 Cri.A.2390.11 adjacent land, quarrel was picked up and he was given beating. Allegations are made against the applicant that applicant used stick and due to assault made by the applicant, complainant sustained fracture to his right leg. Papers of medical treatment of Dr. Shelke Hospital are produced to show that on 23.04.2011 complainant was examined by the Doctor and fracture to right famur was detected. Thus, there is material to make out prima facie case against the applicant. 3. It was submitted for applicant that he had approached to police, and he made complaint against the complainant and others that they had stolen sand from his land. It was submitted that private complaint is filed against complainant and others, and order is made under section 156(3) of the Code of Criminal Procedure in the private complaint. It was submitted that on the same day beating was given to the applicant and only to counter blast his case, he has been falsely implicated. This defence cannot be accepted at this stage. It is admitted by the applicant that some incident took place on that day. In view of these circumstances, it is not possible to grant anticipatory bail to the applicant. So, application stands rejected. Interim relief granted stands vacated. No further interim relief. Sd/- [ T.V.NALAWADE, J.] MTK 3 Cri.A.2390.11