( 1 ) Cri.Appln5035-4732-10 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5035 OF 2010 [FOR REGULAR BAIL] Jitendra s/o Ashok Sonar, R/o Azad Chowk, Dondaicha, Tq. Shindkheda, Dist. Dhule. APPLICANT VERSUS The State of Maharashtra RESPONDENT WITH CRIMINAL APPLICATION NO. 4732 OF 2010 [FOR ANTICIPATORY BAIL] Vilas s/o Suka Salve, R/o Dondaicha, Taluka Shindkheda, Dist. Dhule. APPLICANT VERSUS The State of Maharashtra & another RESPONDENTS .... Mr. C.R. Deshpande, advocate for the applicant in both the applications. Mr. B.J. Sonawane, APP for the respondents/State in both the applications. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 9th December, 2010] PER COURT : 1. These are two (2) applications, one for regular bail ( 2 ) Cri.Appln5035-4732-10 and another for anticipatory bail. 2. Heard learned advocate for the applicants and learned A.P.P. for the State. Perused the investigation papers which were temporarily made available during the course of hearing. 3. The incident giving rise to the death of Yogesh Namdeo Dhangar, a young lad, occurred in the night between 25th and 26th October, 2010. It appears that deceased Yogesh was servant of a cloth shop. He was probably addicted to liquor drinking. In the relevant night, he picked up a quarrel with Shailesh Sonar, who happens to be brother of applicant Jitendra Sonar, while returning home. He was in drunken condition. He allegedly was beaten up by Shailesh Sonar and others in that night. A telephonic information was given to the police about the incident. Said Shailesh informed police that deceased Yogesh was abusing him under the drunken condition and was creating a scene. A police vehicle was, therefore, sent to Azad Chowk area. Thereafter, deceased Yogesh was brought to the Police Station in the odd hours after midnight. The police found that deceased Yogesh was continuously muttering and was repeatedly saying that he was ( 3 ) Cri.Appln5035-4732-10 heavily beaten up by Shailesh Sonar. He was requesting the Assistant Police Inspector Shri Mahajan to fetch Shailesh Sonar and was saying that he will not spare the latter. Thereafter, when the police found that drunken Yogesh was beyond control, he was pulled out and was taken to an open place in the backyard. He was beaten up and also given electric current to his private part and right leg. He was lateron rushed to Cottage Hospital at Dondaicha. On examination, he was declared as dead. 4. Perusal of the investigation papers prima facie indicate that the death of Yogesh Dhangar was on account of blunt trauma caused to his chaste which resulted into cardio- respiratory arrest and traumatic haemo-pericardium. It appears that there were abrasions on the left knee. 5. So far as the role of applicant Jitendra Sonar is concerned, it prima facie appears that his name was not revealed immediately by injured Yogesh Dhangar to the police. In the relevant night, even in inebriated condition, injured Yogesh named Shailesh Sonar and his accomplices as the assailants. The most relevant fact is that, even if it is assumed that applicant Jitendra was amongst the group of ( 4 ) Cri.Appln5035-4732-10 assailants alongwith his brother and participated in the course of such assault, yet, the incident was outcome of browl.. It prima facie appears that deceased Yogesh Dhangar went to the place and picked up the quarrel under the drunken condition. It is prima facie difficult to infer, therefore, that applicant Jitendra intended to cause death of Yogesh Dhangar. 6. So far as application of applicant Vilas Sonar is concerned, it prima facie appears that he is a police constable, who had fetched deceased Yogesh Dhangar from the Azad Chowk and also participated in the act of inhuman beating and giving of magnetic electric current to his leg. It is yet to be ascertained whether the death was due to the police brutality and the humiliative beating at the police station or on account of the beating administered by Shailesh Sonar and his accomplices. It prima facie, however, appears that applicant Vilas Salve is involved in the alleged offence of causing injuries to deceased Yogesh Dhangar while he was in the police custody. Under these circumstances, applicant Vilas Salve is not entitled to seek anticipatory bail. 7. In the result, Criminal Application No. 5035/2010 ( 5 ) Cri.Appln5035-4732-10 filed by applicant Jitendra Sonar is allowed. He is directed to be released on bail on furnishing of bail bonds in sum of Rs. 20,000/- (rupees twenty thousand) alongwith a surety bond in the like sum, to the satisfaction of the Court of Sessions, and on further condition that he will not enter village Dondaicha until the investigation is completed and will make himself available as and when required for the purpose of investigation. The Criminal Application No. 4732/2010, filed by Vilas Salve, is dismissed. The ad-interim relief granted to this applicant, stands vacated. [V.R. KINGAONKAR] JUDGE NPJ/criapln5035-4732-10