1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION NO. 3087/2009 (Bhaiyyadin Ram Prajapati vs. State of Maharashtra ) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr S V Sirpurkar Adv.for applicant Mr Anup Parihar , APP for Respondent C ORAM : A.P. BHANGALE, J. DATED : 4th September, 2009. 1. Heard learned counsel for the respective parties. 2. By this application, the applicant prays for grant of anticipatory bail in respect of Crime No.42/2009 registered at Railway Police Station, Wardha. According to learned Advocate for the applicant, the applicant was attending his duties at Chargaon CHP / Feeder Breaker from 8.00 p.m. of 8.7.2009 to 8.00 a.m. on 9.7.2009. It is also contended that the applicant is an innocent person and would abide by the terms and conditions that would be imposed. 3. Learned APP opposed the bail in view of the serious accusation that the applicant and two other persons pushed the injured under the running train and as a result of which, his left leg was cut off below the knee. 4. It appears that in the course of investigation, statement of Shafique Ahmed Janmohammed was also recorded which indicate that after doing his duty at about 12.30 a.m., on 9.7.2009 when he was going by the side of the railway track, he came across Vijaypal, who told him that one train was halting and as he was trying to cross from under the train, all of sudden the train started moving and his left leg came under it. The incident was thereafter reported to father of the said Vijaypal. It also came on record that said Vijaypal used to steal scrap articles from Railway Yard and used to move around the Railway area, although he is residing far away from Railway track. Considering this material collected during the course of investigation, I think the applicant is entitled for grant of 2 anticipatory bail, subject to certain conditions imposed upon him. Hence the following order:- In the event of arrest of the applicant in respect of Crime No.42/2009 registered at Railway Police Station, Wardha, for offence punishable under section 307 of the Indian Penal Code, the Station House Officer or the Arresting officer is directed to release him, upon executing PR bond in the sum of Rs. 25,000 /- with one or more sureties in the equal amount, provided that the applicant shall attend the Investigating Officer as and when required and cooperate with the investigation. The applicant shall not communicate with any of the witnesses acquainted with the facts of the case so as to influence them in any manner; he shall inform his permanent address/ change in the address with phone/cellphone number, if any, to the Investigating Officer. Humdast granted. Application disposed of. JUDGE. sahare