{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.817 OF 2010 1. Nitin s/o Suresh Chakrupe Age-25 years, Occ-Service As Clerk in Zilla Parishad, Latur R/o Bhoisumndarga, Tq & Dist-Latur 2. Kuldeep s/o Gorakh Kamble Age-23 years, Occ-Student R/o Bhoisumndarga, Tq & Dist-Latur 3. Sham s/o Madhukar Chakrupe Age-25 years, Occ-Agril R/o Bhoisumndarga, Ta & Dist-Latur APPLICANTS VERSUS The State of Maharashtra Through Police Inspector, MIDC Police Station, Latur RESPONDENT ....... Mr. V.D.Gunale, Advocate for applicants Mr. B.J.Sonawane, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 10th March 2010 PER COURT: 1. This is an application by which the applicants have {2} prayed to release them on anticipatory bail in the event of their arrest in connection with CR No.01/2010 registered with MIDC police station, Latur. It appears that interim protection is granted to the applicants. 2. Admittedly, a complaint was lodged by one Siddheshwar whose brother Indrajit, while he was returning in his truck, was assaulted by some persons. Initially the case was registered for an offence punishable u/s 323, 324 and 504 r/w 34 of the Indian Penal Code. In the complaint name of the present applicants do not appear. Allegations against the applicants are vague in nature. Subsequently it appears that on 09.01.2010 statement of the injured Indrajit came to be recorded. No doubt in the statement there is reference in respect of one person who has assaulted the injured causing grievous injuries and also snatched cash in the sum of Rs.3,000/-, however on perusal of the entire statement it does not disclose name of either of the applicant as the author of the assault or snatched the cash. After statement of Indrajit came to be recorded, an offence punishable u/s 395 has been added. However, considering the statement of the injured as well as the complaint, which does not allege specific role to the applicants and hence case is made out to exercise discretion u/s 438 of the Criminal Procedure Code to enlarge the applicants on anticipatory bail. 3. In the result, the application is allowed. Interim relief {3} granted on 25.02.2010 is hereby confirmed and to remain in force till filing of the charge sheet. Applicants may apply for regular bail after filing of the charge sheet. [A.V.POTDAR, J.] drp/A10/criapln817-10