1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3752 OF 2009 Ashok S/o.Tukaram Wadje APPLICANT VERSUS The State of Maharashtra and another RESPONDENTS Mr.U.B.Bilolikar, learned counsel for the applicant. Mr.N.R.Shaikh, learned APP for respondents (CORAM : A.V.POTDAR, J.) DATE : 23/11/2009 PER COURT : 1. By the present application, the applicant has approached this Court for his release in case of his arrest in connection with CR No. 84/2009, registered in Mukhed Police Station of District Nanded for an alleged offence u/s.147, 148, 149, 341, 452, 427, 504, 506 and 307 of The IPC. 2. As the notices are already served on the APP, State has produced the papers of investigation till carried out and placed before me for my perusal. 3. Heard learned counsel appearing for the applicant followed by 2 the submissions of learned APP appearing for State. It is brought to my notice that at the earlier instance, the interim protection was given to the applicant vide order dated 09/11/2009 till today. 4. Considering the submissions across the bar that no overact is played by this applicant in the alleged offence, and that can be seen from the disclosure of facts as disclosed in the complaint. As further investigation is carried out as the alleged offence took place in the afternoon of 11/06/2009 and the complainant has disclosed the name of this person, who has accompanied the assailant after his motor bike was stopped and thereafter he was chessed till his cabin at the gitty crusher and not only damages caused to the property of the complainant, but his motor-bike was also damaged and all these persons including the present applicant also participated in the attack on the person as well as on the property of the complainant. 5. Papers of investigation discloses apart from disclosure of facts as stated in the complaint that the witnesses who have witnessed the alleged incident which took place in the afternoon of 11/06/2009, that this applicant was also one of the person, member of the unlawful assembly armed with stick and iron bars and came at the spot with vehicle, alighted and thereafter gave threats to the complainant and assaulted him. Injury certificate shows serious injuries on the person of the complainant. Learned APP opposed the application on the ground that investigation till carried out clearly indicates that not only the presence of the applicant at the spot, but 3 about his participation in the attack on the person as well as on the property of the complainant. 6. If the papers of investigation discloses participation of the applicant in the alleged act as disclosed in the complaint by the complainant and the eye witnesses, it can not be said that the applicant is falsely implicated in the complaint and deserves liberty of his release on bail in case of his arrest. In the premise, the application deserves following order : Application stands rejected. (A.V.POTDAR, J.) khs/NOV 2009/cri-appl-3752-09