MAHMADYUSUF USMANKHAN SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application by the applicant under Section 438 of the Code of Criminal Procedure, 1973, for anticipatory bail in the event of his arrest in connection with FIR registered at C.R. No.I-118 of 2017 before Mahesana Taluka Police Station for the offence punishable under Sections 302 , 365 , 323 , 364 , 397 , 342 , 166 , 330 , 331 , 143 , 147 , 149 , 120B of the Indian Penal Code.

(2.) Heard learned advocate for the applicant and learned APP for the respondent State.

(3.) Having considered the rival contentions, it appears that the petitioner is sought to be arrested for being negligent in performance of his duty as police station officer when the injured victim who eventually succumbed to the injuries while being taken to the sub-jail was illegally lodged in the lock-up. It is the case of the investigator that no injuries were inflicted on the person of the deceased during his illegal detention in the lock-up. However, before the Surveillance Squad brought him to the lock-up, he was allegedly beaten by the police officer and the other persons as per the case of the complainant. Thus the sum and substance of the allegation against the petitioner is that of petitioner having allowed the lodgment of the deceased who was already injured, in the lockup and not making available to him the medical treatment. Having regard to the peculiar facts of this case and the nature of accusations against the petitioner and in absence of any apprehension of the petitioner tampering with the evidence or threating the witnesses; fleeing from justice at this stage, the case for admitting the petitioner to anticipatory bail is made out.