ASLAM AMIN TADVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) On an apprehension of arrest in connection with Crime No.67/2019 [150. registered at Yawal Police Station, Tq. Yawal, Dist. Jalgaon, for the offences punishable under Section 307 , 395 , 354 , 452 , 337 , 143 , 147 , 149 , 323 , 324 , 504 , 506 and 427 of the IPC, the applicant has preferred this Application seeking anticipatory bail.

(2.) Heard learned counsel for the applicant and learned APP for the respondent- State. Perused the first information report and the order passed by the learned Additional Sessions Judge.

(3.) In brief, it is the contention of the learned counsel for the applicant that the applicant is innocent and law abiding citizen. By referring the allegations made in the first information report, learned counsel submits that no specific allegations have been made against the applicant in commission of the offence. Except mentioning the name of the applicant as accused in the complaint, no specific role has been attributed to the applicant in commission of offence. It is vaguely stated that accused persons formed unlawful assembly along with 25-30 unknown persons and came to his house armed with weapon like stick and pelted stone on the house of the informant. In the incident, the accused named in complaint entered into his house and assaulted him. They also outraged modesty of his aunt Vandanabai and gold ornament worth Rs.25,000/- snatched by the accused specifically named in the complaint. It is submitted that no specific role has been attributed to the applicant in commission of offence. Except alleging that applicant was accompanied with co-accused, no overt act has been attributed to the applicant in commission of offence of assault, criminal tress-pass and robbery. It is further submitted that except the applicant all other accused as well as informant are resident of village Adgaon, Taluka Yawal whereas the applicant is resident of village Savkheda Sim, Taluka Yawal. He was not present with other accused at the time of incident. His name has been falsely implicated in the case with malafide intention. The allegations made in the complaint made out no prima facie case to connect the applicant with the offence registered against him. On account of such false and frivolous complaint incorporating the name of the applicant, there is likelihood that the applicant may be arrested, humiliated and harassed for no offence committed on his part. It is further submitted that the applicant is selected through staff selection commission and waiting for posting order. Arrest of the applicant would ruin his entire future career. In order to protect the applicant being arrested, humiliated and harassed for no offence committed on his part, the applicant deserves to be extended protection under Section 438 of the Criminal Procedure Code.