1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 1861 of 2010 Madhukar Tulshiram Shende ..VERSUS.. State of Maharashtra, through P.S.O., P.S., Ganeshpeth, Nagpur Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. Rakesh Rathod, Advocate for the Applicant Mr. M.J.Khan, A.P.P. for Respondent / State. CORAM : Prasanna B. Varale, J. DATED : 16 th Decem ber , 2010 . Heard. By the present application, the applicant is seeking anticipatory bail in connection with Crime No. 204/2010 registered with Police Station, Ganeshpeth, Nagpur for the offences punishable under Sections 323, 506(b) r/w 34 of I.P.C. as he is apprehending his arrest. The sum and substance of the report 22/10/2010 lodged by the complainant Madhukar Shende against the applicant is that the applicant gave threat of life to the complainant, snatched the golden chain and an amount of Rs.500/- from the complainant. Mr. Rathod, learned Advocate for the applicant submitted that the applicant is a Journalist, Editor and owner of weekly newspaper namely “Lekhnitun Samasyanwar PRAHAR”. Learned Advocate submitted that with his investigating journalism, he brought in light the scandal of preparation of forged and bogus leaving certificates from various government institutions i.e. Government Polytechnic etc. and published a news article that one Anand 2 Wankhede and Subhash Goswami are indulged in such activities. As such the applicant lodged the report dated 09/8/2010 with Police Station, Sakkardara stating that as the applicant has published a news item, one Anand Wankhede and Subhash Goswami are pressurizing him and also publishing news item in filthy language. But no action was taken by police station, Sakkardara on his report dated 09/8/2010. Learned Advocate submitted that because of the news articles, Anand Wankhede and Subhash Goswami were against him and they were pressurizing him. Learned Advocate has invited my attention to the report lodged by the complainant at Imamwada Police Station dated 16/10/2010, wherein it was reported by the applicant that Subhash is giving him threat on the ground that he has lodged case against him. He has further referred that he is prosecution witness in Crime No. 23989/2007 pending before the District and Sessions Court, Nagpur. Learned Advocate further submitted that the complainant Subhash Goswami, who had a grudge in his mind, lodged the report dated 22/10/2010 against the applicant at Ganesh Peth Police Station. He further submitted that only with a view to make the offence serious, allegation of snatching the golden chain and an amount of Rs.500/- are levelled. Learned Advocate submitted that the complainant Subhash himself is having criminal antecedents at his credit and he has placed on record the documents obtained by him from the Police Inspector, Sakkardara, Nagpur under the Right to Information Act, 2005. The documents show that there was a proposal against the complainant Subhash Goswami for externment, which was subsequently dropped in appeal. In view of these facts, according to learned Advocate, it is more than clear that the applicant is falsely involved in the crime with an oblique motive. He, therefore, submitted that the facts warrants protection of the applicant at the hands of this Court. 3 Per contra, learned APP has strongly opposed the application by filing the reply. Learned APP submitted that there is enough material against the applicant in the form of statements of witnesses recorded by the investigating agency including the statement of one Mr. Pande and the daughter of the complainant, who according to the applicant, are relatives of the complainant. I have perused the record. It is stated in the statement of the daughter of the complainant that when the incident was occurred, the people gathered on the spot on hearing hue and cry. There is no other statement recorded by the investigating agency. It is not in dispute that the allegations levelled against the applicant are serious, but at the same time perusal of the material shows that the applicant, who made reports against the complainant at various occasions and also the complainant also lodged the report on the same day at 3.00 p.m. and as such there is considerable merit in the submission of learned Advocate for the applicant that the report lodged against the applicant is just a counter blast to his report. In view of the peculiar circumstances, i.e. initiation of series of publication against the complainant by the applicant as well as the documents against the complainant having indulged in illegal activities calling the proposal of externment, I am of the opinion that prima facie case is made out by the applicant. In the result, the application is allowed. The interim protection granted by this Court on 30/11/2010 is confirmed on the following conditions : In the event of arrest in connection with Crime No. 204/2010 registered with Police Station, Ganeshpeth, Nagpur for the offences punishable under Sections 323, 506(b) r/w 34 of I.P.C., the applicant be released on bail on furnishing P.R. bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the 4 like amount.. The applicant to cooperate with the investigating agency and attend the police station, Ganeshpeth Nagpur on every Sunday between 9.00 a.m. to 12.00 noon, till filing of the charge sheet or for a period of three months whichever is earlier and thereafter as and when called by the police. The applicant shall not tamper with the evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. The applicant to submit his residential address and his contact numbers such as phone/mobile numbers to the investigating agency. In case the applicant is moving out of the area of police station, Ganeshpeth, Nagpur, he shall inform the police station about his visit to other place. In case of breach of these conditions, the prosecution agency to take necessary steps in accordance with the provisions of law. JUDGE Diwale