Cri. Apln. No. 2466/11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2466 OF 2011 Sambhaji Devram Pawar, R/o. Solapur Road, Near Naka, Ahmednagar, Tq. & Dist. Ahmednagar. ....Applicant. Versus 1. The State of Maharashtra & Anrs. ....Respondents. Mr. N.C. Garud, Advocate for applicant. Mr. G.R. Ingole, APP for respondents. CORAM : T. V. NALAWADE, J. DATED : 24th June, 2011. PER COURT : 1. This application is filed for anticipatory bail in Cr. No. 34/2011 registered in Bhingar Police Station, District Ahmednagar for offences punishable under sections 436, 324, 34 etc. of the Indian Penal Code. APP has made papers of investigation available for perusal. Both the sides are heard. 2. The crime is registered on the basis of report given by one Sharada Bhosale. She has made allegations that on 15.3.2011 after 00.30 hrs. she woke up from sleep as there was barking of dogs and she saw that there were four persons outside her hut. She has contended that these four persons were known to them and one of them is present applicant. She has made allegations that one of those persons namely Raju Pawar was Cri. Apln. No. 2466/11 2 holding stick and all of them started saying that she should withdraw the case filed against them. According to her, in the case of murder of her husband, the present applicant and two other persons were arrested and they are released on bail. It is her case that when she refused to withdraw the case, Raju Pawar gave blow of stick on her head and other accused beat her with kick blows and sticks. She has made allegations that Raju Pawar set her hut on fire and they ran away. She has contended that she sustained loss of Rs. 10,000/- due to this fire. 3. Police papers show that complainant and persons from her family like Alister Bhosale, Nisha Bhosale, Vimal Bhosale also saw the present applicant and others at the time of incident. The copy of spot panchanama shows that in the incident the hut was burnt and household articles like utensils and food grain were also burnt. The value of damage is however not mentioned in the spot panchanama. The injury certificate shows that one CLW on occipital region and blunt trauma over right leg were found on the person of complainant when she was examined on 15.3.2011. 4. The advocate for the applicant submitted that while granting bail to him in Criminal Application No. 111/2010, the Sessions Court, Ahmednagar had put condition that he should not enter village Wakodi till the conclusion of the sessions case and so there was no question of Cri. Apln. No. 2466/11 3 his entering in this village. It was submitted that the applicant is working in army in Ahmednagar and it was not possible for him to go to village at the relevant time. The report and the statements show that allegations are mainly against Raju Pawar. In view of these circumstances, this Court holds that anticipatory bail can be granted to the applicant. 5. So the application is allowed. In case of arrest of the applicant Sambhaji Devram Pawar in Cr. No. 34/2011 registered in Bhingar Police Station, District Ahmednagar for offences punishable under sections 436, 324, 34 etc. of the Indian Penal Code, he is to be released on bail on his furnishing PR and SB of Rs. 15,000/- (Rupees fifteen thousand). He is not to tamper with the prosecution witnesses. He is not to commit similar offence and he is not to enter in village Wakodi and not to come in the vicinity of the prosecution witnesses. [ T. V. NALAWADE, J.] ssc/criapln2411/11