1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1665 OF 2010 Prabhakar S/o.Trimbakrao Ingole, Age-39 years, Occu-Government Service, Working with Railway Protection Force, R/o.Padampura, Aurangabad, Tal. and Dist. Aurangabad APPLICANT VERSUS The State of Maharashtra Through the Police Station Railways, Nanded District Railways, Nagpur RESPONDENT Mr.Rajendra Deshmukh, learned counsel for applicant. Mr.P.P.More, learned APP for State CORAM : A.V.POTDAR, J. DATE : 11/06/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on anticipatory bail in the event of his arrest in connection with CR No.28/10, registered in Railways, Nanded Police Station, for the alleged offence punishable u/s.326, 504 of The IPC. 2. Heard learned counsel for applicant, learned APP for State. Perused the papers of investigation till carried out. 2 3. It appears that the said complaint is lodged on the complaint of one Mahant Pravin Anandrao Gajbhiye about the incident occurred in the night of 17/03/2010 and 18/03/2010 on Ajantha Express, wherein according to the complainant, he was holding an ordinary ticket of general class, but when he was on the platform on the Railway Station at Nanded and the train on its way to proceed, inadvertently, he boarded in the sleeper coach. The present applicant, who was on escort duty in the said bogie, inquired about the ticket with the complainant. As the complainant was not having a valid ticket to travel in a sleeper coach, some alteration of words took place between the applicant and complainant. It is the allegation that certain illegal articles are demanded by the applicant from complainant, which the complainant do not satisfy hence the RCF Jawan, who was on duty, assaulted on the chest of complainant with the help of butt of the gun and hence he has to take the treatment in the MGM Hospital and while taking treatment at MGM Hospital, he lodged the complaint on 27/03/2010, which was sent to the learned J.M.F.C. on 31/03/2010. 4. According to the counsel for applicant, considering the entire scenario, as demonstrated in the complaint, if the complainant has sustained such serious injuries, then first where he alighted, and at that Railway Station, he has to lodge the complaint against applicant and then he has to refer for medical treatment by that particular police station. During the course of submissions, it is tried to urge on behalf of State that the complainant was alighted from the train at 3 Jalna, and tried to lodge the complaint in the police station, situated at Jalna Railway Station, where it was informed that the police station on the railway platform is not competent to take the report about the incident, hence he came at Aurangabad, where he was sent to Civil Hospital, but not treated, and then he went to MGM Hospital for treatment. 5. Certain provisions are there about how to take cognizance of the offence by the police under the Police Manual as well as under the Cr.P.C. If the report about the offence is lodged in the Police Station, which is not competent to take the cognizance of the same, as per the provisions under the Manual, the same police station to register the offence by Zero Number and then to sent the report for further investigation to the concerned police station competent to take cognizance of that offence, and to carry out further investigation. At the same time, even though the offence is registered by Zero number, the first duty of the police is to provide instant medical aid if any required. In the present case, except bare words, nothing is on record that the complainant tried to lodge the complaint at Jalna Railway Police authorities from where he was referred to Aurangabad. Aurangabad Police referred him to Civil Hospital, where treatment was not available hence on 19/03/2010, he himself admitted in MGM Hospital. Other than the bare words, nothing is on record about whereabouts of complainant during that period. 4 6. One more aspect require consideration that the alleged weapon which was with the RCF Jawan was Carbine gun. Carbine gun is having no butt, it is having to the ordinary guns, which is used by the police officials. If the manner in which the complainant was assaulted by the applicant with the help of carbine gun, then the effect might have otherwise. Considering all these aspects, it is necessary to enlarge the applicant on anticipatory bail. In the premise, following is the order : O R D E R 1. Application is allowed. 2. In the event of arrest of applicant in connection with CR No. 28/2010, registered in Railways, Nanded Police Station, he be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. This protection is granted till filing of the charge sheet. 3. After released on bail, the applicant to attend Nanded Railway Police Station, on each Monday, in between 10.00 a.m. to 3.00 p.m., till filing of the charge sheet, or otherwise, the order is modified by this Court. 4. In case, the applicant failed to abide this condition, prosecution is at liberty to pray for cancellation of bail. 5. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JUNE 2010/cri.appl.1665-10