1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1718 OF 2009 Anil S/o Prabhatrao Mirkar, age : 27 years, Occu.: Student, R/o Shivdatta Housing Society, N-8, CIDCO, Aurangabad .. Applicant Versus The State of Maharashtra, through Investigation Officer, CIDCO Police Station, Aurangabad, Dist. Aurangabad (Copy to be served on Public Prosecutor, High Court of Bombay Bench at Aurangabad) .. Respondent Smt. S.S. Jadhav, Advocate h/f. Mr. R.V. Gore, Advocate for the applicant Smt. R.R. Mane, APP for the respondent-State CORAM : A.V. NIRGUDE, J. DATED : 08th JUNE, 2009 ORAL ORDER:- 1] The applicant is seeking anticipatory bail in crime no. 176 of 2009 dated 25.5.2009 registered with CIDCO Police Station, Aurangabad alleging offences punishable under section 143, 147, 148, 149, 323, 504, 395 of the Indian Penal Code. 2 2] The chain of events that took place prior to registration of the offence, is quite peculiar and must be narrated so as to appreciate the case of the applicant. It so happened that on 24.5.2009 at about 8:30 pm. the applicant was riding his motorcycle towards Jatwada road in Aurangabad city. He came across one Moin ul Haq and there occurred an accident. Moin Ul Haq sustained injuries. The applicant tried to help Moin Ul Haq to go to hospital. The applicant in the meantime, made a phone call to his brother and called for help. The applicant succeeded in getting Moin Ul Haq admitted in a private hospital. At that time it seems the relatives and friends of Moin Ul Haq came there and they started abusing and assaulting the applicant. They not only assaulted the applicant, but it is the case of the applicant that they even robbed him of his gold chain and ring and certain cash which he had in his pocket. The applicant made report of this incident to the Police. He stated clearly in his FIR that the incident took place in the hospital in the presence of the hospital staff etc. It is also mentioned in the FIR lodged by the applicant that while this incident was going on, the Police came there and could arrest some of the applicant’s assailants. Thereafter, one of the assailant lodged his complaint against the applicant. This complainant is the nephew of the injured Moin Ul Haq. In his complaint, he alleged that it was the applicant and his friends who had assaulted them. He promptly alleged that the applicant and other robbed him of his gold ornaments. He described the incidence having taken place in the hospital at the same time. 3 3] The complaint against the applicant appears a clear attempt to make a counter blast to the applicant’s earlier complaint. The narration of the applicant in his FIR is more reliable. In a case like this, the relatives and friends of victims of road accident generally try to manhandle the driver or rider of the motor vehicle, which had caused injuries to the victim. 4] The applicant deserves protection. In the event of the arrest of the applicant in crime no. 176 of 2009 of CIDCO Police Station, Aurangabad, he shall be released on bail of Rs.5,000/- (Rs. Five Thousand) with one surety in the like amount. 5] Application disposed of. (A.V. NIRGUDE, J.) arp/8june09/cr1718.09