4. Allegation is that, the applicant and the co-accused,
Nagina Tak and Rina Singh assaulted complainant with kick and
fist-blows. Nagina Tak is wife of the applicant. It may be noted
that, Nagina and Rina have been granted pre-arrest protection by
this Court on 3rd August, 2021 in Anticipatory Bail Application
No.1778 of 2021. The role attributed to the applicant is the same,
which has been attributed to Nagina and Reena. Learned APP,
disputes this fact and contends that, statements of one Smt.
Leelabai Prabhakar Phule and her daughter Kiran Phule, recorded
on 17th March, 2021, after five days of the incident, would allege
that the applicant assaulted him by iron rod. Yet, no corresponding
injury was found on the person of the injured allegedly inflicted with
iron rod, as could be seen from the Injury Certificate/OPD case
papers brought on record. Nevertheless, the complainant did not
allege that applicant assaulted Prabhakar with iron rod in his
complaint lodged soonafter the incident. Apparently, Phule
(witness) improved prosecution case. There is no criminal past
record against the applicant. It is informed that the accused to
whom the major role has been attributed, was arrested and released