1 1912.ba.704.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR NAGPUR BENCH, NAGPUR Criminal Application (BA) No. 704 of 2011 (Sayed Siraj S/o. Sayed Chotumiya Vs. State of Maharashtra) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. S.C. Bhalerao, Advocate for the applicant. Mrs. B.P. Maldhure, A.P.P. for the non-applicant/State. CORAM : M.N. GILANI, J. DATE : 19 th DECEMBER, 2011. This is an application under Section 439 of the Code of Criminal Procedure for releasing the applicant-accused on bail, against whom an offence bearing Crime No. 157/2011 is registered with Police Station Rajura, District Chandrapur, for the offence punishable under Sections 394 read with Section 34 of the Indian Penal Code. The offence was registered on the basis of report lodged by one Mursawar Khan S/o. Khudayaar Khan Pathan, who deals in scrap business. On 29/10/2011 at about 09:30 p.m. the incident occurred. The place is near Vivekanand Ashram School at village Rajura. It is alleged that the father of accused namely Sayed Chotumiya gave call to the complainant and asked him to stop and hence the complainant stopped. Then Sayed Chotumiya hit him with iron rod. The present applicant is the son of Sayed Chotumiya, who gave a blow of stick on the person of the complainant. One more person by 2 1912.ba.704.11 name Madhukar Uikey was also present. It is further alleged that one of those three had removed the amount of Rs.5,010/- from his pocket. He, therefore, went to Police Station and lodged the F.I.R. The complainant had sustained two simple injuries, which are possible by hard and blunt object. For that, he was given first aid. Bare perusal of the F.I.R. points out that this is the case of causing hurt and nothing more. The allegation that the complainant was robbed of Rs.5,010/- is vague and that is why it is stated that somebody out of those three had removed the amount from the pocket of the complainant. As regards antecedents, the learned counsel for the applicant produced the reply from the Police Station Officer that except the present offence, no any other offence is registered against the applicant. In that light of the matter, application is allowed. The applicant is directed to be released on bail on his furnishing P. R. Bond in the sum of Rs.10,000/- (Rupees Ten Thousand Only) with one surety in the like amount. Hamdast granted. JUDGE