1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No.1245 of 2017 registered at P.S. Railway Protection Force (RPF), Durg (C.G) for the offence punishable under Section 143 of Railways Act, 1989.

2. As per the prosecution case, on 15.06.2017, the Railway Protection Force having received an information that the applicant is engaged in illegal sale and purchase of railway E-Tickets a raid was conducted in the shop of applicant. On such raid being made, 23 E-Tickets issued by IRCTC were found. It is alleged that the e-tickets were found to be issued by using different fake IDs which did not belong to the applicant. The applicant was given notice u/s 91 of Cr.P.C. As no satisfactory documents were produced, the applicant was arrested and the Computer, Printer, CPU etc., were seized. It is the case of prosecution that the applicant used to issue the rail e-tickets through IRCTC by using different IDs of the persons and those tickets were being commercially sold for his financial benefits. Since the tickets along-with cash and other goods such as Computer, CPU, Monitor etc., were seized as such the offence is alleged to have been committed u/s 143 of the Railways Act, 1989 (hereinafter referred to as the Act of 1989).

3. Shri Kanak Tiwari, learned senior advocate appearing for the applicant would submit that without prejudice to the rights of the applicant even if the e-tickets were seized it will not amount to offence as enumerated u/s 143 of the Railways Act, 1989. It is contended that the e-tickets were issued by IRCTC and it is not at all a case that fake tickets have been issued. It is further contended that the money has passed into the account of Railways through others bank accounts and no cash transaction has actually been effected with the Railways. Therefore, it is stated that the incident of fraud or selling fake tickets do not arise at all. It is stated that the tickets which were issued were also not to the persons of the fake identify or any fictitious persons but it was issued to the genuine persons who had approached the applicant to get the tickets and money has been paid through their account only. Therefore, no criminal act can be attributed to the applicant.

4. He further submits that reading of section 143 of Railways Act along-with sections 179(2), 180, 180-A 180-D & 180-F would show the intention of the legislature and they are bailable offences. Referring to section 143(2) of the Act, 1989 it is stated that it prescribes the punishment of imprisonment for a term which may extend to 3 years or with fine or with both, therefore, the entire object of the Legislature is not meant to merely impose imprisonment but in the alternative by way of fine, certain recovery can be made. It is stated that the entire proceedings were carried out by the Railway Protection Force and the cognizance cannot be taken unless a complaint is filed and the provisions of Railways Act would show that after arrest the Railway Officer has power to release the person arrested on bail. Therefore, necessarily it would fall under the category of bailable offence. In this context, he referred to different sections of IPC which are enumerated in First Schedule of Cr.P.C., and submits that though certain offences are punishable for 3 years or more and cognizable yet they are bailable. Likewise Sections 218, 222, 293, 317 and 489-C of IPC etc., are bailable. He further referred to a decision of Delhi High Court reported in 2005 (83) DRJ 92–Munna kumar Vs. State through NCT of Delhi and submits that if the language of section 143 is read along-with section 180- D of the Railways Act, the offence is held to be bailable. Further learned counsel referred to a decision rendered by Kerala High Court in C.R.L.M.C.No.1991 of 2016 dated 22nd September, 2016 and submits that according to the said judgment, the use of internet medium regist