Advocate Hrishikesh Mundargi for applicant man sought pre-arrest bail for his client and said that no offence was made out from the FOR filed by the Police. Public Prosecutor Deepak Thakare opposed the plea.
The Bombay High Court on Tuesday granted anticipatory bail to the man from Kolhapur who was booked for allegedly instigating and assaulting a homeguard personnel after having heated arguments over being asked to wear a face mask.
Disposing of the anticipatory bail plea filed by the accused, a single-judge bench of Justice Bharati Dangre directed the man not to make any inducement, threat, or attempt to persuade a person acquainted with the case from disclosing the facts to the court and not to tamper with the evidence. He shall be released on bail on furnishing personal bond of Rs. 50000 in event of arrest.
As per the complaint lodged by the homeguard official, who was assigned bandobast (enforcement) duty for prevention of COVID-19, the accused, who was not wearing a face mask, entered into a verbal altercation with him and allegedly instigated and assaulted him after placing a hand on cop’s shoulder.
Based on these allegations, the offence was registered by Shahupuri Police Station under sections 323 (punishment for voluntarily causing hurt), 353 (punishment for assault or criminal force to deter public servant from discharge of his duty) and 506 ( punishment for criminal intimidation) of the Indian Penal Code ( IPC) and relevant provisions of Disaster Management Act, 2005.
Advocate Hrishikesh Mundargi for applicant man sought pre-arrest bail for his client and said that no offence was made out from the FOR filed by the Police. Public Prosecutor Deepak Thakare opposed the plea.
After hearing submissions, Justice Dangre observed, “On perusal of the FIR, prima facie what emerges is a verbal altercation between the complainant and the applicant while the latter was discharging his duty. No ingredients of Sections 323 and 353 of the IPC are made out from the complaint/FIR.”