{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3936 OF 2009 Sudhirkumar s/o Jaikaran Pasi Age-42 years, Occ-Service as TTE Western Railway R/o 1/101, A Wing Festival Complex Ashok Road, Nala Sopara (East) Tq-Washi, Dist-Thane APPLICANT VERSUS 1. The State of Maharashtra 2. The Deputy Superintendent of Police Dhule, Dist-Dhule RESPONDENTS ....... Mr.R.S.Shinde h/f Mr.N.L.Choudhari, Advocate for applicant Mrs.Yogita M.Kshirsagar, APP for the respondents ....... [CORAM : A.V.POTDAR, J.] DATE: 26th November 2009 PER COURT: 1. By the present application, the applicant has prayed to release him on anticipatory bail in the event of his arrest in connection with CR No.209/2009 registered with Dhule City Police Station for an offence punishable u/s 307, 323, 504, 506, 143, 147, and 148 of the Indian Penal Code. {2} 2. Heard learned counsel for the applicant followed by the submissions of the learned APP. As the notice of this application was already served on the APP, the learned APP has made available the papers of investigation, till carried out, for my perusal. 3. It appears that this offence came to be lodged on the compliant of one Yuvraj Pardeshi. It is alleged in the complaint that on 7.10.2009 at about 11.15 a.m. when the complainant was standing with Gokul and Eknath near post office opposite Laxmi Sweets, his brother in law, Vishal and his father Asaram came there with some unknown persons and demanded two lacks from the complainant for settling the dispute and during the said conversation, Asaram got annoyed and he took out a knife and stabbed the friend of the complainant and the said Asaram and his associates gave fists and kicks blows to the complainant and hence he lodged the complaint. 2. It is urged that the alleged incident occurred in the morning of 7th October 2009 while this applicant is serving as TTE with Railway Department and was on duty from the evening of 6 th till morning of 7 th as he was at Ahmedabad on train. Copies of duty chart are also annexed with the application. It is also urged that at the time of occurrence of the alleged offence, the applicant was not present at the spot and secondly even if the entire complaint is accepted as it is, the same is silent in respect of participation of {3} the present applicant and about the role played by him. Hence, it is contended that it can safely be inferred that the applicant is falsely implicated in the alleged offence. 3. Learned APP opposed the application and contended that the name of the applicant is mentioned in the FIR 4. Considering these submissions, still fact remains that though the name of the applicant appeared in the FIR, yet mere mentioning of the name is not sufficient unless and otherwise specific role is attributed to him. At the same time documents in respect of duty chart cannot be discarded, at least at this stage. In the premise, case is made out to exercise discretion to enlarge the applicant on anticipatory bail. 5. In the result, application is allowed. In the event of arrest of the applicant in connection with CR No.209/2009, registered with Dhule city police station, he be released on bail on his furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. Applicant shall not contact or tamper the prosecution witnesses. [A.V.POTDAR, J.] drp/criapln3936-09