1 crap3936.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 3936 OF 2011 1 Chandrashekhar s/o Rohidas Dusane, age 36 years, occ. Social Worker, 2 Pintu @ Nitin s/o Manga Sirsath, Ex-Corporator, age 42 years, occ. Agril., Social Worker 3 Vinayak s/o Runju Ahire, age major, years, occ. Labour, 4 Raosaheb s/o Vikram More, age major Years, occ. Business, 5 Anil s/o Sahebrao Mali, age major Years, occ. Business, All r/o Priyadarshani Nagar, Nagav Bari, Deopur, Tq. and Dist. Dhule ...Applicant VERSUS 1 The State of Maharashtra, 2 The Deputy Superintendent of Police, Dhule, District Dhule ...Respondents ..... Shri N.L..Choudhari, advocate for applicant nos. 1 to 5 Shri B.V.Wagh, A.P.P. for respondent nos. 1 and 2 ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 23rd September, 2011 2 crap3936.11 PER COURT : 1 Perused the investigation papers which were made available for inspection purpose, as well as heard respective learned counsel for the parties finally. 2 After hearing the learned counsel for the parties extensively, Shri Choudhari, learned counsel for applicant nos. 1 to 5 seeks leave to withdraw the present application in respect of applicant nos. 1 and 2. In view of the said submission, leave granted and present application stands dismissed as withdrawn to the extent of applicant no.1-Chandrashekhar and applicant no.2-Pintu @ Nitin and stands disposed of finally in their respect. 3 As regards, applicants no. 3-Vinayak Runju Ahire, no. 4-Raosaheb Vikram More and no.5-Anil Sahebrao Mali, they have preferred present application seeking anticipatory bail apprehending their arrest under C.R. No. 117 of 2011, registered at Deopur police station, District Dhule, for the offences punishable under Sections 395, 324, 354, 323, 504 and 506 of the Indian Penal Code. 3 crap3936.11 4 It appears that the crime has been registered on the basis of the complaint lodged by the complainant, namely Sanjaykumar Kashinath Jaiswal on 23.8.2011. It is alleged in the said complaint that the complainant carries on business of Sneha Beer Bar permit room at Datta Mandir Chowk, Dhule and on 22.8.2011 at about 23.15 hours, he had closed the said Beer Bar and he was verifying his accounts along with his wife. At this juncture, applicant nos. 1 to 5 along with Mukesh Trimbak Kharat, Gulab Ramchandra Koli, Anil Mali, Pintu @ Nitin Manga Shirsath, Chandrashekhar Dusane and four other unknown persons arrived at his Beer Bar and gave abuses to the complainant and asked him to open the door thereof. Thereupon, the complainant stated to him that Bar was closed, but Mukesh did not listen to it and entered into the said Beer Bar jumping over the door, and manhandled the complainant. Thereafter, the other persons including applicants also entered into the Beer Bar and extracted amount of Rs.7,000/- from the cash, as well as removed the bottles of liquor. It is further alleged that applicant no.2 Pintu @ Nitin Manga Shirsath snatched gold chain from the neck of the complainant and 4 crap3936.11 applicant no.1-Chandrashekhar Dusane and co-accused manhandled complainant's wife and outraged her modesty and torn her blouse. The other co-accused Mukesh Kharat assaulted the complainant by knife. 5 On perusal of the contents of the first information report as well as considering the accusations made against the applicants, it appears that although names of applicant nos. 3 to 5 have been reflected therein, apparently, no specific role/overt act has been attributed to them during the course of the incident. Moreover, nothing is to be recovered from the said applicant nos. 3 to 5. Besides, learned counsel for the applicants pointed out that applicant no.2 Pintu @ Nitin Shirsath also filed complaint on 22.8.2011 against the complainant herein and his wife and other co-accused persons, which is earlier in point of time, bearing C.R. No. 116 of 2011; whereas present crime is C.R.No. 117 of 2011 and submitted that the said complaint is also pending for investigation and the complainant's wife has been granted anticipatory bail by the learned Sessions Court, therein. 5 crap3936.11 7 Having the comprehensive view of the matter and considering the accusations made against applicant nos. 3 to 5 and nature and gravity thereof, there is no necessity of custodial interrogation of applicant nos. 3 to 5, and hence, they deserve the grant of anticipatory bail. 8 In the result, present application is partly allowed to the extent of applicant nos. 3 to 5 and it is directed that in the event of arrest of applicants no. 3-Vinayak Runju Ahire, no.4- Raosaheb Vikram More and no.5-Anil Sahebrao Mali, under C.R. No. 117 of 2011, registered at Deopur police station, District Dhule, they be released on bail on executing P.R. bond in the sum of Rs.15,000/- each with one surety in the like amount by each of them, on the following conditions :- (i) Applicant nos. 3 to 5 shall give attendance before the concerned investigator once in a week i.e. on every Monday between 5.00 p.m. to 7.00 p.m., till filing of the charge sheet and shall cooperate with the investigation. 6 crap3936.11 (ii) Applicant nos. 3 to 5 shall not influence upon the witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. 9 However, present application in respect of applicant no.1-Chandrashekhar and applicant no.2-Pintu @ Nitin stands dismissed as withdrawn as afore said. 10 It is made clear that the above observations are prima facie in nature and shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. 11 The present application stands disposed of finally. (SHRIHARI P. DAVARE), JUDGE. dbm/crap3936.11