1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.713 OF 2010 Sanjay Vithalrao Jadhav APPLICANT Age-35 years, Occ-Business R/o Gangapur, Tq-Gangapur Dist-Aurangabad VERSUS The State of Maharashtra RESPONDENT ........ Mr. R.N.Dhorde h/f Y.V.Kakade, Advocate for applicant Mrs.Yogita M.Kshirsagar, APP for respondent State. ........ [CORAM : A.V.POTDAR, J.] DATE : 4 th March 2010 PER COURT : 1. By this application, the applicant has prayed to release him on anticipatory bail in the event of his arrest in connection with CR No.17/2010 registered with Gangapur police station for an offence punishable u/s 364, 325, 504, 506 r/w 34 of the Indian Penal Code. 2. Heard learned counsel for the applicant and learned APP. 3. Today, learned counsel for applicant has filed an affidavit and tendered certain complaints lodged by Kishor Temkar, whose 2 mother has filed the present complaint. 4. On perusal of the papers of investigation as well as the papers produced today, it appears that three complaints are lodged by said Kishor, who claims that the associates of the applicant had abducted him and assaulted him severely on the suspicion that he has illicit relations with the wife of the present applicant. It has to bear in mind that said Kishor has worked as a driver with the present applicant just for several days. It is not disputed that the applicant has certain reputation in the society, being the mayor of Gangapur Municipal Council. It has also to bear in mind that as there is reference of earlier 3 incidents and the said complaints are produced by the applicant along with the affidavit, which shows that the complaint filed in the month of July 2008 wherein offence is registered on the allegations that threats were extended by the applicant to said Kishor on the ground that he has committed theft. The statement of Kishor shows that he had given the battery of the vehicle of the applicant to some other person, may be for temporary purpose, however that amounts to theft. There cannot be false allegations against said Kishor and if the person of such a character repeatedly lodges complaints that too in shelter of heinous nature not only by him but also by his mother also then such tactics require to be deprecated. In the premise, considering the nature of allegations, case is made out to exercise discretion u/s 438 of the Criminal Procedure Code. 3 5. In the result, the application is allowed. In the event of arrest of the applicant in connection with CR No.17/2010 registered with Gangapur police station, he be released on bail on his furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. Applicant to attend the concerned police station if required, on written requisition from the IO concerned. This protection to remain in force till filing of the charge sheet. (A.V.POTDAR, J.) drp/A10/criapln713-10