1 Order Below Exh.1 in Cri.B.Appln.No.394/2022 CNR No. MHNS010013522022

Ganeshkumar Kusheshwar Singh Vs. State.

Heard:
Ld.Adv. Mr. M. Y. Kale for the applicant.

Ld. A.P.P. Ms. S. S. Sangle for the State.

1.This is an application under section 438 of Criminal Procedure Code in Crime No. 54/2022 registered at Police Station, Nashik­road, Railway Nashik for the offence under sections 354 & 294 of the Indian Penal Code, 1860. It is the case of prosecution in brief that the accused/applicant is working with Central Railways as a Ticket Collector. On the date of the incident when he was on his duty in Vidarbha Express, he asked two of the passengers to show their tickets and later on, snatched their gold chain and also molested the lady passenger.

2.Ld. Adv. for the applicant has submitted that the FIR is false and coloured. The correct fact of the matter is that the person (Sharma) who was traveling with the passengers (including the complainant) who were asked to show the ticket entered in to a scuffle with the applicant and assaulted him. The applicant has annexed his medical certificate with the bail application. When the said Sharma learnt about the same, he instigated the complainant to lodge a false FIR against the applicant. Injury certificate of the applicant has been filed on record. Applicant has complied with the terms and conditions imposed by the Court while granting interim relief. Custodial interrogation of the applicant is not necessary.

3.Per contra Ld. A.P.P. has opposed the application on the ground that custodial interrogation of the applicant is necessary.

4.Applicant has complied with the terms and conditions imposed by the Court while granting interim relief. His custodial interrogation therefore does not appear to be necessary. In view of the foregoing discussion, I am inclined to allow the application in terms of the following order:

ORDER
1] The application is allowed.

2] Interim order dated 23/03/2022 passed below Exh.4 is hereby confirmed on the same terms and conditions.

Digitally signed by MRIDULA MRIDULA BHATIA BHATIA Date: 2022.04.11 16:55:00 +0530 Nashik Mridula Bhatia 11/04/2022 District Judge­2 and Additional Sessions Judge, Nashik.