1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 3039 of 2009 Yogesh v. State of Maharashtra -------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr S.D. Chopde, Adv for applicant Mr A. Parihar, APP for State Coram: A.P. Bhangale, J Dated : 7th September 2009 1. Heard learned counsel for the parties. Applicant is seeking anticipatory bail in Crime No. 81/2009 registered with Police Station, Akola under Sections 143, 147, 148, 149, 324, 326, 307 of the Indian Penal Code and Sections 4 and 25 of the Arms Act. 2. Learned counsel for applicant contends that applicant is innocent and report implicating the applicant is totally false. He submits that one Vijay Ambhore came on the spot, assaulted by means of sword and relatives of said Vijay including applicant have been implicated. He submits that no purpose would be served if applicant is arrested for custodial interrogation since entire investigation is over. 3. Learned Additional Public Prosecutor has opposed application on the ground that applicant was one of the assailants. 4. On perusal of report, it appears that on the date of incident at 2 about 3.30 pm Vijay Ambhore, main assailant, rushed on the person of complainant Maroti. After complainant Maroti held sword blow on hand, other associates of Vijay including applicant assaulted him. It is stated in the report that assailants were holding different weapons with them. Applicant has been specifically named. It also appears that thumb of left hand of complainant’s uncle Gopal Shivarkar was chopped off. 5. In view of the material collected by prosecution and recovery of weapons from different accused, it would not be proper to grant anticipatory bail to the applicant. It is pointed out by learned Additional Public Prosecutor that applicant is absconding since 12.5.2009. For all these reasons, application is rejected. Judge. hsj