The Bombay High Court on Tuesday released a person on bail who was convicted for verbal altercation when asked to wear mask by a Police official who was assigned duty of bandobast for prevention of Corona Virus, in terms of the notification issued by the State Government and also placing hands on the shoulder of Police official.
The Bail application was filed by the applicant namely “Shekhar @ Mukesh Sanadi” before the Justice BharatiDangre, Bombay High Court, whereby on the basis of the complaint lodged by the complainant who was assigned duty of bandobast for prevention of Corona Virus, in terms of the notification issued by the State Government and while he was discharging his duty, it was alleged by him that the applicant on being asked to wear the mask entered into a verbal altercation.
The complainant refers to the said altercation in detail and alleges that he was instigated in discharge of his official duty by the applicant and as far as the assault is concerned, the complaint refers that he placed his hand on the shoulder of the Policemen. With this allegation, the offence has been registered under Section 323, 353 and 506 of the IPC against the applicant and also under the relevant provisions of Disaster Management Act, 2005.
The High Court said that on perusal of the FIR, prima facie what emerges was a verbal altercation between the complainant and the applicant while the latter was discharging his duty and no ingredients of Sections 323 and 353 of the IPC were made out from the complaint/FIR.
Therefore, the Bombay High Court held that: –
- In the event of arrest, the applicant shall be released on bail on furnishing P.R. bond to the extent of Rs.50,000/- with one or two sureties of the like amount.
- He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer.
- The applicant should not tamper with evidence.
-India Legal Bureau