(1) CRI. APLN. 4877.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4877 OF 2010 Dadasaheb S/o Narayan Harde and ors. .. APPLICANTS VERSUS The State of Maharashtra and anr. .. RESPONDENTS ..... Mr. N.S. Ghanekar, Advocate for the Applicants. Mr. N.H. Borade, A.P.P. for the respondent/State. ..... CORAM : V.R. KINGAONKAR, J. DATED : 30TH NOVEMBER, 2010 ORAL ORDER:- 1. By this Application, the applicants are seeking anticipatory bail under section 438 of the Code of Criminal Procedure. 2. Heard learned Advocate for the applicants. He would submit that the Sessions Court had granted interim relief to the applicants or subsequently their Application under section 438 of the Cr.P.C. came to be dismissed after the final hearing. He would submit that the applicants are ready to co- operate with the Investigating Officer. He points (2) CRI. APLN. 4877.2010 out that there is a counter complaint lodged by the applicant no.1 and the incident occurred in front of the house of the applicant no.1 as a result of alleged aggression made by the complainant and his party members. It is therefore contended that the applicants are entitled to seek anticipatory bail. 3. At this juncture, it cannot be determined as to who was the aggressor and whether the applicants counter-attacked in order to save themselves or their property. The documents on record prima facie indicate that the injuries were sustained by the members of the opposite group as well as the members of the group of the applicants. It is observed by the learned Sessions Judge that one of the injured by name Namdeo is still in serious condition and is yet not discharged from the hospital. The applicants are said to have used sickle, iron rod, chain and stones in the course of the assault. The F.I.R. prima facie purport to show that the incident occurred due to a case instituted against son of Bapu Bachate. It was the result of exchange of hot words, altercation and quarrel between the two groups. It appears that (3) CRI. APLN. 4877.2010 applicant no.8-Krushna Harde and applicant no.1-Dada alias Dadasaheb assaulted Namdeo Bachate by means of stick and stone. 4. The complicity of each of the applicants need not be meticulously considered at this juncture when it transpires that group of the applicants and group of the opposite party had a free fight. In this view of the matter, the Application is destitute of merits and as such is dismissed. Sd/- [V. R. KINGAONKAR, J.] arp