1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4929 OF 2010 Banti @ Nitin S/o Laxmanrao Kadam ..APPLICANT -VERSUS- The State of Maharashtra ..RESPONDENT ......... Mr. S.G. Chapalgaonkar, advocate for applicant Mr. D.V. Tele, A.P.P. for respondent ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 2 nd December, 2010. PER COURT : 1. Heard. 2. The learned counsel would submit that the allegations in the F.I.R. are prima facie exaggerated and the applicant is likely to be arrested though the incident of the alleged robbery is prima facie not corroborated by any other evidence. 3. The recitals of the F.I.R. prima facie indicate that on 10th August, 2010 at about 5.30 p.m., the informant and his brother were engaged in attending the business of the fertilizers in their shops styled as `Parve Agency'. The applicant went there and demanded 20 bags of urea fertilizers. The informant declined but assured that he would give the bags of fertilizers on 13th August, 2 2010. It is alleged that the applicant then addresses obscene abuses in the name of the informant's sister and mother and left the place. He returned along with 8-10 persons in a Jeep vehicle. They pushed out of the shop and assaulted. The applicant is said to have assaulted by means of knife and thereafter the cash amount and other articles were looted from the shop. 4. So far as the applicant is concerned, not only that the F.I.R. names him as a main assailant and the person who had picked up other assailants after the first incident of evening but that there are other eye witnesses who saw the applicant while beating the informant. The version of the informant stands prima facie corroborated by version of Mohammad Najmoddin and Narendar Gaikwad etc. as well as from the recitals of the medico legal certificate as observed by the Sessions Judge. 5. Under these circumstances, it can not be said that the applicant is likely to be arrested without any reason and on false ground. The application is, therefore, dismissed. (V.R.KINGAONKAR) JUDGE gas/cri4929.10