Bombay High Court
Pradeep Rathod Son Of Parashuram Rathod ... vs The State Of Maharashtra on 24 February, 2021
Author: Prakash D. Naik
Bench: Prakash D. Naik
Ganesh Lokhande 1 of 6 7-ba-539-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 539 OF 2021
Pradeep Rathod
S/o Prakash Rathod & Anr. ...Applicants
Versus
The State of Maharashtra ...Respondent
.....
Ms. Anjali Awasthi a/w. Mr. Kaif Ansari a/w. Ms.Kavita Rathod,
Advocate for the Applicants.
Mr. Y. M. Nakhwa, APP for the Respondent - State.
PSI-Ambhore, Chembur Police Station.
PSI-Liman Peravi, Chembur Police Station.
.....
CORAM : PRAKASH D. NAIK, J.
DATE : 24th FEBRUARY, 2021.
PC :
1. This is an application for bail in connection with C.R.
No. 2 of 2021, registered with Chembur Police Station, Mumbai, for
the offences punishable under Sections 353, 354, 332, 323, 504,
509, 506, 188, 269 r/w. 34 of Indian Penal Code, 1860 ("IPC" for
short). Sections 112, 117 of Maharashtra Police Act, 1951.
2. The case of the prosecution is that on 1st January, 2021
the complainant and others were on duty. During the patrolling, they
were informed that some persons are fighting and people have
Digitally
signed by
RajeP.
gathered at Chembur camp. On receipt of this information, the
RajeP. Aher
Aher Date:
2021.02.26 complainant and other police personnel visited the place of incident.
14:57:04
+0530
Ganesh Lokhande 2 of 6 7-ba-539-2021.doc
They noticed that four to five persons were shouting and creating
ruckus. The complainant got down from the vehicle and enquired
with them, as to why they are shouting and why they have formed
assembly during the curfew period. At that time, one of the persons
charged at the complainant and abused complainant and others. The
accused abused the complainant and questioned her authority. She
was pushed by hurling abuses. Other persons threatened the
complainant and pulled her shirt by pushing her shoulder. The
complainant then called the police for assistance. Thereafter, other
police personnel reached the spot. Accused abused the complainant
and others. One of them assaulted, gave a blow on the chest of
women police constable and pushed the other constable. They kept
on abusing the police party. The accused twisted fingers of one of the
police constable. Accused were taken into custody. The complainant
was abused in filthy language and intimidated. One of the police
constable was assaulted with fist blow. The accused also threatened
that action will be taken against the police by Advocate Kavita
Rathod. The First Information Report (FIR) was registered.
Applicants were arrested and since they are in custody.
3. Learned counsel for the applicants submitted that the
false case has been registered against the applicants. They are in
custody from 2nd January, 2021. The Senior Inspector of Chembur
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Police Station, is enmically disposed of against the aunt of the
applicants Smt. Kavita Rathod, who is an Advocate. Smt.Kavita
Rathod has lodged complaint against the Senior Inspector of Police
attached to the Chembur Police Station and during the enquiry, her
statements were recorded. Even she has been implicated in this case.
The accused was assaulted, which is evident from the medical
certificate. The Court has refused to grant police custody after
noticing that accused had complained about ill-treatment and
assaulted. The learned Magistrate has directed that the accused be
medically examined. Presently, applicants are in judicial custody.
Further detention of the applicants is not necessary. There are no
criminal antecedents against them. Applicant No.2 is student of law.
4. Learned APP submitted that the FIR attributes serious
role to the accused. Conduct of the applicants was adamant. They
abused, assaulted and intimidated the complainant and other police
personnel. They also outraged modesty of one of the police
constable. Looking into this nature of incidents, applicants may not
be released on bail.
5. I have perused the documents on record. The incident
had occurred on 1st January, 2021. The applicants were arrested on
2nd January, 2021. They are in judicial custody. Contention of the
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applicants is that they are falsely implicated as the Senior Inspector
of Police attached to Chembur Police Station, is hostile towards
Advocate Kavita Rathod who is also implicated one of the accused in
this case. The applicants have placed on record the statement of
Advocate Kavita Rathod, recorded during the enquiry into complaint
lodged by her. It is also contended that the applicant No.2 is law
students and he had missed his law examination. Kavita Rathod had
preferred an application for anticipatory bail, which has been
allowed by the Sessions Court. It is also pertinent to note that the
applicants are not having any criminal antecedents. Learned counsel
for the applicants placed on record remand application and order
passed by the remand Court. The Order dated 2 nd January, 2021
passed by the learned Metropolitan Magistrate 67 Court Borivali,
refers to the fact that, on 2 nd January, 2021 arrested accused were
produced before the Court. They complained about assault by police.
Hence, medical examination is necessary. Remand Officer was
directed to conduct medical examination of the accused. It appears
that Prakash Rathod was medically examined and medical case
papers were placed on record. In Order dated 2 nd January, 2021
passed by the learned Magistrate it is mentioned that the accused
were again produced before the Court at about 1.40 hours. The
Court perused the medical report of accused and observed that there
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is prima-facie substance in the complaint of the accused. The case
diary was perused, the remand officer was heard. Advocate was also
heard and it was observed that, taking into account the medical
report, it is not proper to grant police custody. Hence, accused were
remanded to judicial custody.
6. It is pertinent to note that the applicants are in custody
from 2nd January, 2021. They are in judicial custody. Further
detention is not necessary for any investigation. Hence on certain
conditions, bail can be granted to the applicants.
ORDER
i) Bail Application No. 539 of 2021, is allowed;
ii) The applicants are directed to be released on bail in connection with C.R. No. 2 of 2020, registered with Chembur Police Station, on executing P.R. bond in the sum of Rs.20,000/-(Rupees Twenty Thousand Only) each with one or more sureties in the like amount;
iii) The applicants shall not tamper with the evidence;
iv) The applicants are permitted to furnish provisional Cash Bail Security in the sum of Ganesh Lokhande 6 of 6 7-ba-539-2021.doc Rs.20,000/- each for a period of eight weeks in lieu of surety;
v) Leave to amend to correct the name of both the applicants. Amendment may be carried out forthwith;
vi) The applicants shall report the concerned police station twice a month, on first Monday and Third Monday of month between 11.00 a.m. to 1.00 p.m. till filing of charge-sheet;
vii) Bail Application stands disposed of accordingly;
viii) This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.
(PRAKASH D. NAIK, J.)