1 Cri.A.1857.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1857 OF 2011 Ramkisan Raghunath Narwade, Age :305 Years, Occup.: Service, R/o At post : Susre, Tq. Pathardi, District Ahmednagar. At present posted at Chhatisgarh State ...APPLICANT. VERSUS The State of Maharashtra, ...RESPONDENT. ... Shri.P.R.Nangare Advocate for Applicant. Shri.S.G.Nanded, A.P.P. for Respondent-State. Smt. Sadhana Jadhav,Advocate for Original Complainant. ... CORAM: T.V.NALAWADE, J. DATE : 24TH JUNE, 2011. PER COURT : 1. This application is filed for anticipatory bail, in Crime No.02 of 2011, registered with Pathardi Police Station, Tq. Pathardi, District Ahmednagar for the offence punishable under sections 307, 323, 324, 143, 147, 148, 149, 504 and 506 of the Indian Penal Code. 2 Cri.A.1857.11 2. Papers of investigation are made available by the learned APP. Both sides are heard. 3. A report is given by one Smt. Radha Haribhau Pisote. She has made allegation that in the past one Hausabai had given report against family of the present applicant with Police and after that dispute started. A report was given by Hausabai on 01.01.2011 and present incident took place on 02.01.2011. She has contended that after 7.30 a.m. present applicant, his brother and father and others came to the house of complainant and they started saying that family of the complainant had instigated Hausabai to give report. She has made allegation that present applicant said at that time he was working in the military and he had authority to kill anybody. She had contended that when her husband and father-in-law told present applicant and others not to quarrel, present applicant and others started shouting and they assaulted the complainant, her father in-law and others. She has made allegations that present applicant gave blow of iron bar on her head and she sustained injury on head. She has made allegation that applicant assaulted by iron bar on both the legs of her father in law. Allegations are made that Rajendra used chopper against her father -in-law on his head and due to that he sustained grievous injury to his head. She has contended that applicant and others 3 Cri.A.1857.11 had attempted to finish them. 4. In the papers of the investigation there are injury Certificates, which show that father-in-law of the complainant was examined immediately after the incident and injuries were found on both his legs. There were three CLW. There was injury over head and in respect of that injury X-ray etc. was taken and patient was referred to General Hospital. Injury Certificate in respect of complainant shows that she had sustained CLW over scalp and one contusion injury also. The Injury Certificates are consistent with allegations. There is material like statements of other injured witnesses. 5. Advocate for the applicant submitted that applicant is working in Naxalite area, he is serving for Nation and his arrest may affect his career. Only due to this circumstance anticipatory bail cannot be granted as there are allegations against the present applicant and it is alleged that he was leading in the incident. It appears that Rajendra came to be arrested and he is released on bail. Incident took place in the month of January 2011 and till this date the applicant was not available to police for investigation. In such cases, it becomes difficult to recover the weapons etc., as time passes. In such cases custodial interrogation is necessary, thus, this Court holds that 4 Cri.A.1857.11 it is not fit case for granting anticipatory bail. So, application stands rejected. Sd/- [ T.V.NALAWADE, J.] MTK