The court's decision was influenced by discrepancies in medical evidence and the applicant's explanation, leading to the grant of bail.

JUDGMENT

Milind N. Jadhav, J. - The present Criminal Bail application is filed for seeking bail under the provisions of Section 439 of the Code of Criminal Procedure ( for short "Cr.P.C.") by the applicant (accused No.4 in the FIR) in C.R. No. 01/2022 registered with the M.R.a. Marg Police Station, Mumbai for the offences punishable under s. 307, 504, 506(ii) r/w s. 34 of the Indian Penal Code ( for short "IPC").

2. according to the prosecution in the intervening night of 31.12.2021 and 01.01.2022 the incident took place. The FIR alleges that :-

(i) The complainant - first informant Suresh Rama Sitapure a contractor went to the area near H.D.F.C. Bank, Hornimon Circle, Next to Starbucks for collecting construction debris along with his labourers and truck at about 4.45 a.m.;

(ii) that when he was supervising the lifting of debris into the truck he was approached by two persons who started abusing him; these two persons further called two other persons and all four of them without any reason assaulted the complainant with a bamboo stick resulting in injuries on his body;

(iii) that thereafter the complainant approached M.R.a. Marg Police Station and lodged the report. Crime was registered and the accused were arrested including the applicant (accused No. 4).

3. The case of the prosecution is based upon the footage of the incident captured in CCTV wherein the presence of the applicant is proven; furthr the medical evidence of the injuries sustained by the complainant and the seriousness of the offence and injuries on the body of the first informant are clear to indict the applicant.

4. Mr. Mankapure, learned counsel appearing for the applicant submits that the grievousness of the incident is completely misleading as reflected in the FIR. He submits that an altercation took place at about 4.45 a.m. in the early hours of 01.01.2022 when apparently the accused after celebrating the eve of the new year in an inebriated state encountered the complainant and his labourers / staff who had come to lift the debris in the wee hours at the spot of the incident. He submits that the applicant was never part of the group who had the altercation, but a passerby who intervened in the altercation between the accused Nos. 1 to 3 and the complaint; that the medical evidence placed on record does not prove involvement of the applicant. He submits that the chargesheet has been filed and on perusal of the charge-sheet the offence under section 307 IPC cannot be made out against the present applicant. He submits that the incident occurred in the early hours of 01.01.2022, FIR was registered on 03.01.2022 and the applicant has been arrested on 05.02.2022. He submits that on 01.01.2022 the complainant lodged a written report of the incident immediately after the incident, perusal of which clearly shows that the complainant had received injuries on his right hand finger, chest and right ear only. He has referred to and relied upon the certificate given by the Sir J.J. Group of Hospitals and Grant Medical College dated 01.01.2022 which states that the complainant was brought to the hospital at 10.00 a.m. by relatives due to an alleged assault by five unknown persons at 5.50 a.m. It states that there was injury to his head, right ear and right hand; he was treated, his hand dressing was done and he was discharged with prescription and medicines. Certificate dated 03.01.2022 has been issued by Sir J.J. Hospital to the Investigating Officer (I.O.) in respect of the complainant stating that he received five injuries, first two being grievous and the remaining three being simple injuries all caused by a wooden stick. The grievous injuries stated in this certificate have dimensions of 2 x 1 x .5 cms and 3 x 1 x 1 cms. He submits that thereafter on 17.01.2022 the complainant visited G.T. Hospital for treatment where it is recorded that he was assaulted by four unknown persons over his head, shoulder, right leg and right hand. after his examination, a certificate has be