{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4156 OF 2010 Kantu Nagorao Jabde & Another APPLICANTS VERSUS The State of Maharashtra RESPONDENT ....... Mr. V.D.Salunke, Advocate for the applicants Mr. B.V.Wagh, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 28th October 2010 PER COURT: 1. By the present criminal application the applicants seek pre-arrest bail in connection with Crime No.111/2010 registered with Purna police station, Dist-Parbhani for an offence punishable u/s 307, 395, 148, 149 of the Indian Penal Code. 2. Heard learned counsel for the applicants followed by the submissions of learned APP. Perused the papers of investigation. 3. The said offence has been registered on the basis of complaint lodged by one Dnyaneshwar Bhalerao, while he was taking treatment in Adhar Hospital, Nanded. It is alleged in the complaint that on 27th June 2010, at about 1.30 to 2.00 p.m. when he was in his field and when he saw that cattle of Vitthal were damaging the crop and therefore, when he enquired with him, one Prabhakar Kulkarni and present applicants along with 5 others {2} came there and assaulted the complainant and his brother Bhagwan. Therefore, he was admitted in the hospital. It is also alleged in the complaint that the applicant No.2 had removed cash in the sum of Rs.2000/- from the pocket of the complainant. 4. Medical certificates in respect of the complainant and his brother indicate that certain injuries were noticed on head, shoulder and wrist of the complainant while injury was noticed on the head of the brother of the complainant. No doubt, the nature of the injuries found on the persons of the injured is simple, however, considering the acquaintance of the applicants with the complainant there is no possibility of mistaken identity and the medical certificates falsify the contention of false implication of the applicants. Anticipatory bail u/s 438 of the Criminal Procedure Code has to be granted in case of likelihood of false implication of the accused. Admittedly, the complainant has disclosed a cognizable offence. The injuries found on the persons of the complainant and his brother though are simple yet they are inflicted on the vital organs of the injured. In the premise, as the complaint discloses prima facie involvement of the applicants in the alleged offence, the applicants do not deserve liberty. Consequently, the application, which is sans merits, stands rejected. [A.V.POTDAR, J.] drp/B10/criapln4156-10