1 CA5381/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5381 OF 2011 Khalid Pathan s/o Hafiz Pathan Applicant V E R S U S The State of Maharashtra Respondent Shri S.P. Tilve, Advocate for the applicant Shri B.J. Sonawane, APP for the respondent / State CORAM : R.Y. GANOO, J. DATED : 17th December, 2011 PER COURT : 1. Heard learned Advocates of both sides. 2. The applicant apprehends arrest in connection with CR No. I - 165 of 2011, registered with Jawahar Nagar Police Station, Aurangabad, for the offences punishable under Sections 307, 143, 147, 148, 149 of the Indian Penal Code. 3. The incident is of 14th November, 2011. As per the incident, the son of the complainant by name Rajesh was assaulted by three persons. At the end of 2 CA5381/2011 the event, two persons by name Ashraf and Abhishek were caught. On inquiry, they disclosed that two other persons by name Tipu and Khaled have run away in the course of the incident. 4. According to learned A.P.P., three persons have witnessed the incident and all of them have stated that the names of co-assailants were disclosed as Khaled and Tipu. This will at the most would go to show that one person by name Khaled, whose name, by the co-accused, involved in the incident. The name ‘Khaled’ mentioned in the F.I.R. as well as mentioned in the statements of others, is too vague to say that the present applicant was involved. 5. Learned A.P.P. wanted this Court to accept the word of the co-accused who came to be arrested at the spot. In my view, it would be unsafe to accept the word of the co-accused without there being any other particulars to fix the identity of this Khaled Pathan 3 CA5381/2011 as the said person who went away after the incident. 6. It is pertinent to note that incident has taken place on 14th November, 2011. For last one month, police have not effected the arrest of the present applicant though contending that this applicant is nobody else but Khaled who is referred in the F.I.R. 7. In my view, the present applicant is entitled to anticipatory bail. Hence, following order is passed to dispose of the present application : ORDER A. In the event of arrest of the applicant in connection with CR No. I - 165 of 2011, registered with Jawahar Nagar Police Station, Aurangabad, he be released on bail in the sum of Rs.20,000/- (Rupees Twenty Thousand) with one surety in the like amount. The applicant shall furnish P.R. Bond of Rs.20,000/- (Rupees Twenty Thousand). B. The applicant shall report to the 4 CA5381/2011 concerned police station firstly on 21st December, 2011, between 11.00 a.m. to 04.00 p.m. and thereafter as and when called for. C. Office to supply authenticated copy of this order to the applicant. ( R.Y. GANOO, J. ) SRM/17/12/11