1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (ABA) NO.353/2011. (Suraj Kumar4swamy Suramwar Vs. The State of Mah. Thro. PSO PS Ballarsha, Dist. Chandrapur) -------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. R.M. Daga, Advocate for the Applicant. Mr. N.R. Rode, A.P.P. for the Non-Applicant/State. ----- CORAM: U.V. BAKRE, J. DATE: 20 TH OCTOBER, 2011. 1. Heard learned counsel for the parties. 2. The applicant, who apprehends his arrest in Crime No.189/2011 registered at Police Station Ballarshah, District Chandrapur for the offence punishable under Section 326 read with Section 34 of the Indian Penal Code, has filed the present application for anticipatory bail. 3. The injured Sachin Atmaram Rahulkar has lodged a complaint on 12.08.2011, alleging that the applicant and three others assaulted him by means of sword and sticks on his back side and caused injuries. 4. In the complaint of Rahulkar, the role attributed to the present applicant is assault with a stick. The sword has already been recovered at the instance of co-accused Ravi Anna and two sticks and a motorcycle have been recovered at the 2 instance of co-accused Rakesh. Perused the case papers. The medico legal certificate pertaining to Sachin reveals that he has sustained fracture to the lower ulna. It is stated in the reply that a stick used by the present applicant in the commission of the offence, motorcycle and clothes of the present applicant used at the time offence are to be recovered. 5. In the facts and circumstances of the case above, since recovery is to be made at the instance of the applicant, I am not inclined to grant anticipatory bail to the applicant. 6. Hence, the application is rejected. JUDGE NSN