{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4568 OF 2009 Vilas s/o Appa Jagtap Age-37 years, Occ- Agriculture & Government Contract R/o Banpimpri, Tq-Shrigonda, Dist-Ahmednagar APPLICANT VERSUS The State of Maharashtra Through Police Station, Kotwali, Ahmednagar RESPONDENT ....... Mr.V.S.Bedre, Advocate for applicant Mrs.Yogita M.Kshirsagar, APP for State ....... [CORAM : A.V.POTDAR, J.] DATE: 15th January 2010 PER COURT: 1. By this application, the applicant has prayed to release him on anticipatory bail in the event of his arrest in connection with CR No.163/2003 registered with Kotwali police station, Ahmednagar for an offence punishable u/s 307, 143, 147, 148 and 149 of the IPC and u/s 4 and 25 of the Arms Act. {2} 2. Heard learned counsel for the applicant followed by the submissions of learned APP. 3. It appears that the said offence came to be registered on the complaint of one Bhagchand Pathare, in respect of an incident which had occurred at about 5.30 p.m. on 03.06.2003. It is alleged that at the time of incident, three persons assaulted the son of the complainant. It further appears that on completion of the investigation, charge sheet has been filed in the Court of JMFC, Ahmednagar and RCC No.355/2003 has been registered. However, no committal order has been passed till this date. 4. According to learned counsel for the applicant, the applicant was shown as an absconding accused in the charge sheet and now as he apprehends his arrest, he is before this Court. It is stated that soon after the alleged incident, the injured Nitin was taken to a hospital where he was treated at 7.00 p.m. and when he was taken to the hospital he was in a conscious condition. Neither the injured nor the complainant has disclosed the name of the applicant, as an accused who has assaulted the injured. In the premise, according to learned counsel for applicant, though some witnesses have disclosed name of the applicant, yet he is not implicated as an assailant either by the injured himself or by the complainant and hence he is entitled to be enlarged on anticipatory bail. It is stated that though the applicant was shown as absconding yet no steps have been taken to arrest the applicant {3} since 2003. 5. Learned APP opposed the application on the ground that in the statements of three witnesses name of the applicant has been disclosed as assailant and hence it is prayed that the application be rejected. 6. Considering the rival submissions, it is clear that neither the injured nor the complainant has disclosed the name of the applicant. So also the papers produced on record nowhere disclose that any efforts are made to arrest the applicant. In the premise, if no steps are taken u/s 72 to 81 of the Criminal Procedure Code to secure presence of the applicant, who is shown as absconding accused and as his name is not implicated by the injured or the complainant, case is made out to exercise discretion u/s 438 of the Criminal Procedure Code to enlarge the applicant on anticipatory bail. 7. In the result, the application is allowed. In the event of arrest of the applicant in connection with CR No.163/2003, he be released on bail on his furnishing surety in the sum of Rs.10,000/- and on executing PR bond in the like amount. This protection is granted for a period of 4 weeks. [A.V.POTDAR, J.] drp/A10/criapln4568-09