[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.1476 OF 2008 1. Mr.Bhaurao Ramkrishna Ambhore 2. Mr.Harshal Manohar Toke ..Applicants Vs. The State of Maharashtra ..Respondent ... Mr.Pawan K.Pandey Advocate for Applicants Ms.P.P.Shinde APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JULY 21, 2008 DATE : JULY 21, 2008 DATE : JULY 21, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicants and the learned A.P.P. for the State. 2. The applicants are seeking anticipatory bail in CR No.8 of 2008 of Igatpuri Railway Police Station (earlier CR No.00 of 2008 at GRP Nasik Road Railway Police Station, Nasik). The said case is under Section 393 of IPC. 3. The prosecution case is that applicants are RPF constables. Complainant was travelling by train. As the complainant and some other passengers were [-2-] travelling in the compartment meant for handicapped persons, the applicant asked the complainant and other witnesses who were travelling in the compartment meant for handicapped persons, that he will allow them to travel in the said compartment on Rs.50/- being paid by each of the passengers. It is further the prosecution case that the applicant threatened the complainant and other witnesses. 4. My attention is drawn to the statement of the complainant which was recorded during the departmental enquiry proceedings relating to the applicants. In the said proceedings, no reference is made by the complainant to any abuses or threats by the applicants, so also complainant has stated that there was no demand by the applicants but only because there was some dispute between RPF constables and GRP personnel the accused were involved. Signatures of the complainant were taken on some document by GRP personnel. The complainant has specifically stated that he did not know how to read and write and his signatures were taken by GRP personnel on some documents and his statement was not read over to him. In these proceedings, the [-3-] complainant has clearly exonerated the applicants. Looking to these facts, I am inclined to grant anticipatory bail to the applicants. 5. In the event of arrest, each of the applicant nos.1 and 2 i.e. applicant no.1-Bhaurao Ramkrishna Ambhore and applicant no.2-Harshal Manohar Toke be released on bail in the sum of Rs.30,000/- (Rs. thirty thousand only) with one or two sureties to make up the said amount. The applicants shall report to the Investigating Agency as and when required. 6. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]