1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4122 OF 2010 1. Hirasinh S/o.Daulatsinh Thakur, Age-68 years, Occu-Labour, R/o.Himayatnagar, Dist.Nanded. 2. Naveenkumar S/o.Hirasinh Thakur, Age-30 years, Occu-Education, At Law College, Nanded. 3. Pradhymnakumar Sinh S/o.Hirasinh Thakur, Age-27 years, Occu-Agriculturist, R/o.Himayatnagar, Dist. Nanded 4. Shivaji @ Shivkumar S/o.Hirasinh Thakur, Age-21 years, Occu-Education, At Deogiri College, Aurangabad APPLICANTS VERSUS The State of Maharashtra RESPONDENT Mr.V.S.Borkar, learned counsel for the applicants. Mr.D.R.Kale, learned A.P.P. for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 27/10/2010 PER COURT : 1. By the present application, the applicants have approached this Court for their release on anticipatory bail, in the event of their arrest in connection with CR No.71/2010, registered in Himayatnagar 2 Police Station, Dist. Nanded. 2. Heard learned counsel for the applicants and learned APP for State. Perused the papers of investigation till carried out. 3. Papers of investigation discloses that the said offence came to be registered on 17/08/2010 in Himayatnagar Police Station of Dist. Nanded about the alleged incident took place on 12/08/2010 at 2.00 p.m. in the field where complainant Asia Begum Shaikh Yusuf was working. According to the complainant, when she was working in the field, applicants came there and questioned as to why their cattle were put in a "Kondwada" i.e. a pen or fold for cattle, and on that count, there was alteration of words. At that time, one of the son of Hirasinh, the first applicant, tried to strangulate the neck of the complainant with the rope in his hand and at that time, the remaining 2 sons of the applicant no.1 assaulted her. She became un-conscious due to the said assault. Her husband took her to Lotus Hospital, Nanded, where she regain consciousness at around 10.00 p.m. Later on, the said complaint came to be lodged in Himayatnagar Police Station. The question before the Court is, if the incident had occurred in the afternoon of 12/08/2008, then there is delay of 5 days in lodging the complaint against these applicants, for which there is no satisfactory explanation on the part of the complainant. According to the counsel for applicants, the applicants are falsely implicated in the said CR. 3 4. During the course of submissions, documents in respect of medical treatment provided to the complainant are placed in my hand. In the said document, history of the assault was recorded by the Medical Officer, who has treated the complainant in the Lotus Hospital, at Nanded. In the history given by the complainant, after she regain consciousness, she has not disclosed the name of any of the applicants as to the fact that these applicants assaulted her and tried to strangulate her, there is only reference about the fact that some un-known persons had assaulted her. Names of these applicants, who are well-known to the complainant, are not disclosed in the history. If it is so, case is made out to exercise the discretion of this Court to release the applicants on anticipatory bail, hence order : Application is allowed. In the event of arrest of applicants, in connection with CR No.71/2010, registered in Himayatnagar Police Station, Dist. Nanded, they be released on anticipatory bail, on their furnishing surety in the sum of Rs.15,000/- each and on executing PR bonds in the like amount. After their release on bail, applicants to give attendance twice a month i.e. on 10th and 19th day of each month in the Himayatnagar Police Station, till filing of the charge sheet. Applicants are also directed to make available themselves for interrogation, on written intimation by the concerned Investigation Officer. Applicants not to contact the prosecution witnesses. (A.V.POTDAR, J.) khs/OCT. 2010/cri.appl.4122-10