1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 1415 of 2010 Ashok Chhagan Dhikar ..VERSUS.. State of Maharashtra, through P.S.O., P.S., Dharni, Dist. Amravati Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. N.R.Saboo, Advocate for the applicant. Mr. M.J.Khan, A.P.P. for the respondent. CORAM : Prasanna B. Varale, J. DATED : 04 th Octo ber , 2010 . Heard. This is an application filed by the applicant for grant of anticipatory bail in Crime No. 123/2010 registered at Police Station, Dharni, for the offences punishable under Sections 353, 504, 506 of Indian Penal Code. Mr. Saboo, learned Advocate for applicant submits that the incident took placed on the ground that the Dr. Ande of Primary Health Centre, village Kalamkar refused to give medical treatment to one Baklu @ Golu Ramya Kasdekar. Learned Advocate further submits that the applicant is an elected Member of Panchayat Samiti. The grievance was made to the applicant that the victim of dog bite namely Baklu @ Golu is not provided with medical aid by Dr. Ande and so the applicant intervened in the matter. The applicant on mobile phone complained to the Medical Officer at Dharni and higher officer of Dr. Ande, about it. There was exchange of words and in the heat of passion, Dr. Ande uttered words in filthy language against the applicant on caste. The applicant lodged complaint about it to Police Station Dharni against Dr. Ande and according to applicant, to avoid 2 action in the complaint lodged by the applicant, Dr. Ande also lodged false complaint against the applicant. Learned Advocate further submits that there is no previous enmity nor it is brought on record by the investigating agency that the applicant and complainant Dr. Ande were on cross terms. He further submits that the investigation is over and the statements of personnel of Primary Health Centre, village Kalamkar are recorded and No further custodial interrogation of the applicant is necessary. The applicant is ready to abide with the conditions imposed by the Court. Learned APP has filed the reply and opposed the application. Perused the record and the reply filed by the State. It reveals from the record that the applicant attended the Primary Health Centre and had verbal exchange of words with the Doctor and other personnel on the ground of not providing the vaccination to the patient namely Bakalu Kasdekar. The reply shows that the statements of witnesses are already recorded and no further custodial interrogation is necessary. The apprehensions expressed by the State in the reply can be taken care of by putting conditions on the applicant. In the result, the application is allowed. The interim protection granted by this Court on 06/9/2010 is confirmed on the same conditions with the following added conditions : The applicant to cooperate with the investigating agency and attend the police station, Dharni, Dist. Amravation every Sunday between 9.00 a.m. to 12.00 noom, till filing of the charge sheet. 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 3 contact numbers such as phone/mobile numbers to the investigating agency. In case the applicant is moving out of the area of police station, Dharni, 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