1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO. 181 OF 2011 ( Mohammad Yasir Ikramuddin Qureshi Vs. State of Mah. PSO PS City Kotwali Akola) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri R. J. Mirza Adv for applicant. Shri N. R. Rode APP for non applicant/State. CORAM: M. N. GILANI J. DATED: 13th JUNE, 2011. . Heard learned counsel for the applicant and the learned APP for the State-non applicant. This is an application under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail. On the basis of First Information Report lodged by Sheikh Abbas offence bearing Crime No. 27 of 2011 is registered with the Police Station City Kotwali Akola under Sections 147, 148, 149, 151, 324, 323 and 307 of Indian Penal Code. Incident occurred on 12.04.2011 in the noon. The construction work of the house of complainant was in progress. At that time 5 accused persons came to the spot and started causing 2 obstruction in the construction work. It is alleged that the accused persons assaulted the complainant, his brother and his mother. On 07.05.2011 learned Additional Sessions Judge released all the accused persons except the present applicant on regular bail after observing as under: “As rightly submitted by the learned Advocate for the applicants, I am convinced that the manner of assault and injuries on the person of the injured are not such that the charge levied u/s 307 can be spelled out in loud and clear manner. However, this is not a stage to speak about the justifiability of the charge levied by the prosecution, However, keeping into account the contents of FIR and medical certificates on record, I am of the view that none of the injured suffered any serious injury least as alleged with sword.” Even perusal of F. I. R. would show that the present applicant is attributed the role of assaulting the mother of the complainant with pipe. Injury report of Sayadabee reads as under: “Blunt trauma to back. Complaint of pain in back.” Learned APP opposed the application on the ground that the pipe is yet to be recovered from the accused. Considering the observations made by the learned Additional Sessions Judge while releasing the other accused persons on regular bail and the injury report of Sayadabee and the fact that the applicant is a college student hardly there can be any 3 justification to take the applicant in custody. Practically investigation is over. In this view of the matter, I direct that in the event of arrest of the applicant in Crime No. 27 of 2011 registered with the Police Station City Kotwali Akola, applicant be released on bail on his furnishing PR bond in the sum of Rs. 10,000/- with two sureties in the like amount on the condition to attend the Police Station City Kotwali Akola once in every week till the submission of charge sheet. JUDGE svk