(1) CRI. APLN. 5034.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5034 OF 2010 1. Narayan S/o Changdev Salunke Age:45 years, Occu.: Agri. 2. Kishor S/o Changdev Salunke Age : 35 years, Occu.: Agri. 3. Sachin S/o Narayan Salunke Age : 18 years, Occu.: Agri. 4. Sushila W/o Narayan Salunke Age : 40 years, Occu.: Agri. 5. Manisha w/o Kishor Salunke Age : 30 years, Occu.: Agri., All R/o Gidegaon, Tal Newasa, Dist. Ahmednagar Applicants VERSUS The State of Maharashtra Respondent ..... Mr. V.S. Bedre, Advocate for the Applicants. Mr. N.H. Borade, A.P.P. for the Respondent/State. ..... CORAM : V.R. KINGAONKAR, J. DATED : 13TH DECEMBER, 2010 ORAL ORDER:- 1. This is an Application for anticipatory bail. (2) CRI. APLN. 5034.2010 2. Heard learned Advocate for the applicants and learned A.P.P. 3. The FIR was lodged by Sunita Salunke while she was admitted in Civil Hospital, Ahmednagar, on 14.3.2010. The FIR purports to show that due to the common wall between the land of the applicants, there used to be quarrels between the parties. It is alleged that on 9.3.2010 at about 5.00 pm. injured Sunita went to the agricultural land gat no. 8(3) for the purpose of grass cutting. Allegedly, the applicants assaulted her. 4. It prima facie appears that the applicant no.1 was holding an axe, whereas the applicant no.2 was holding a stick at the relevant time. So far as the applicant no.3 is concerned, it is only alleged that he gave kicks to the informant. The FIR purports to show that the woman accused had pulled away the informant’s Mangalsutra (necklace) and Ear- tops. The FIR itself shows, prima facie, that after the assault mounted by the applicants 1 and 2, the informant immediately became unconscious and fell down. Obviously, it is difficult to prima facie (3) CRI. APLN. 5034.2010 believe that she was in a position to see the applicants 4 and 5 while removing Ear-tops and Mangalsutra. There is no prima facie material appearing against these applicants. 5. Considering investigation papers, and the reasons stated above, the Application filed by the applicants 1 and 2 is dismissed whereas it is partly allowed to the extent of applicants 3 to 5. The applicants no.3 to 5 are directed to be released on bail, in the event of their arrest, if bail bonds in sum of Rs.10,000/- (Rs.Ten Thousand) each are furnished before the Arresting Officer. The anticipatory bail order will come to an end on filing of the chargesheet. Sd/- [V. R. KINGAONKAR, J.] arp