1 CA4904/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4904 OF 2011 Arun s/o Nanabhau Saindane Applicant V E R S U S The State of Maharashtra & Anr. Respondents Shri N.L. Choudhari, Advocate for the applicant Shri K.S. Patil, APP for the respondents / State Shri A.G.Magre, Adv. Assist to A.P.P. CORAM : R.Y. GANOO, J. DATED : 14th December, 2011 PER COURT : 1. Heard learned Advocates of both sides. 2. The applicant apprehends arrest in connection with CR No. 141 of 2011, registered with Nandurbar Police Station, District Nandurbar. 3. The applicant is alleged to have given some fist blows to the complainant by name Vivek Thakur. Thereafter, he said to have taken the complainant and his father in the Chawki and detained them there and assaulted them. According to the complainant, a sum of 2 CA4904/2011 Rs.70,000/- was kept in the glow-box of the Maruti Van and at the end of the incident, said cash was not found in the said glow-box. On reading the F.I.R., it is noticed that a doubt is expressed about the present applicant taking away the said amount. This doubt is expressed, because at the practically end of the occurrence, the applicant sat in the Maruti Van and tried to start the same with the key of the motorcycle. The statements of father of the complainant and his friend Rakesh Lohar do not specifically state that the present applicant had taken away the amount lying in the glow-box. If this be so, even if it is accepted that the applicant had assaulted the complainant and others, those offences would be bailable. The only offence alleged against the present applicant is ‘robbery’ under Section 392 of the Indian Penal Code, for which there is no material on the basis of the investigation which is done. Since after the lodgment of the F.I.R. on 3rd August, 2011, in my view, the applicant has made out a case for anticipatory bail. 3 CA4904/2011 Hence, following order is passed to dispose of the present application : O R D E R A. In the event of arrest of the applicant in connection with CR No. 141 of 2011, registered with Nandurbar Police Station, Nandurbar, he be released on bail in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount. The applicant shall furnish P.R. Bond of Rs.15,000/- (Rupees Fifteen Thousand). B. The applicant shall report to the concerned police station firstly on 20th December, 2011 between 11.00 a.m. to 04.00 p.m. and thereafter as and when called for. ( R.Y. GANOO, J. ) SRM/14/12/11