Cri. Apln. No. 1843/11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1843 OF 2011 Baban Jyotiba Dusing, Age 43 yrs., Occu. Agri., R/o. Lohare, Tq. Sangamner, Dist. Ahmednagar. ....Applicant. Versus The State of Maharashtra ....Respondent. Mr. S.T. Shelke, Advocate for applicant. Mr. B.J. Sonawane, APP for respondent. CORAM : T. V. NALAWADE, J. DATED : 8th June, 2011. PER COURT : 1. This application is filed under section 438 of Criminal Procedure Code in CR No. 65/11 registered with Sangamner Taluka Police Station, Dist. Ahmednagar for offences punishable under sections 326, 504, 506 etc. of the Indian Penal Code and for offences punishable under sections 37 and 135 of the Bombay Police Act. 2. Report is given by one Ramdas Dusing that in the incident dated 22.3.2011 at about 6.30 p.m., when he was returning to home in all 16 Cri. Apln. No. 1843/11 2 persons assaulted him with sticks and iron bar near bus stand. He has made allegations that when his wife Sitabai rushed there, she was also assaulted with iron bar and she was injured. He has made allegations that beating was given to wife of the brother also. The name of the present applicant is taken as accused No. 1 by Ramdas. This Court has granted ad-interim relief to the applicant. 3. The record produced shows that on the same day counter case was registered on the basis of report given by one Dadasaheb Dusing against Ramdas, complainant of the present case and others and Cr. No. 64/2011 was registered for offences punishable under section 326, 149 etc. of IPC. This Court has granted anticipatory bail to most of the accused from that case though anticipatory bail is refused to Ramdas. 4. It was submitted for applicant that there are no specific allegations against him and so police should not need custodial interrogation of the applicant. This Court has gone through the papers of investigation. Sixteen accused are named in the FIR. Allegations are made that they attacked the complainant, his wife and brother of his wife. Injury certificate in respect of Sitabai shows that she sustained one fracture injury. Even at this stage, it is difficult to infer that only the present applicant caused such injury to that lady from the opposite side. In view of these circumstances, this Court holds that this is a fit case for Cri. Apln. No. 1843/11 3 granting anticipatory bail. So the order. (1) Application is allowed. (2) In case of arrest of applicant Baban Jyotiba Dusing in Cr. No. 65/2011 registered with Sangamner Taluka Police Station, he is to be released on furnishing PR and SB of Rs. 15,000/- (Rupees fifteen thousand). He is not to tamper with the prosecution evidence and to co- operate the police during investigation. He is to attain the concerned police station on every Sunday between 10 am to 12 noon for the period of one months. [ T. V. NALAWADE, J.] ssc/criapln1843.11