SANJAY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is apprehending that he would be arrested in connection with Crime No. 436/2019, registered with Gangapur police station, District Aurangabad, for the offences punishable under Section 363, 341, 342, 504, 506 read with Section 34 of the Indian Penal Code and under Section 92(a) and 92 )(b) of the Rights of Persons with Disabilities Act, 2016 and is now seeking bail under section 438 of the Code of Criminal Procedure.

(2.) The allegations as can be discerned from the F.I.R. are to the effect that the informant is a physically challenged person. On 16.11.2019 he along with his friend Bhausaheb were proceeding home. It is alleged that when they were standing by the side of the road a red coloured car having no number plate arrived there. The informant was forcibly made to sit in the car. He was thereafter assaulted. He was forcibly administered liquor. Owner of one Hotel Shivneri, Mayur Park, Gangapur, boarded the car at Pravara Sangam and even he assaulted the informant and abused him saying that he had stolen a mobile phone of the owner of that hotel. He was then dropped at Bhendala Phata at 8 p.m. He approached Gangapur police station immediately and lodged a report about having been abused but because of the apprehension he did not disclose anything else and after gathering courage lodged the report on 19.11.2019 and the crime was registered.

(3.) The learned advocate for the applicant submits that even according to the F.I.R. except the owner of hotel Shivneri the other persons were not known to the informant. He has not even given any description or particulars to enable their identification. Even according to the informant, there was a delay in lodging the report with the version as is appearing now. At earlier point of time he had not made any such grievance and had merely alleged about having been abused . Only the owner of hotel Shivneri was known to the informant. His brother in law Akshay Subhash Maske has lodged a report with Gangapur Police Station on 16.11.2019 alleging that the mobile of the applicant which Akshay was using was stolen from Hotel Shivneri, Gangapur on that day at 6 p.m. Since Akshay is the applicant's brother in law the latter is apprehending that he may be implicated in the crime. He is a resident of Newasa and is a businessman. He has no concern with the owner of hotel Shivneri. He is ready to abide by all the terms and conditions and to cooperate the investigating officer. His custodial interrogation is not necessary and the ad-interim relief granted to him may be confirmed.