KISAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) On an apprehension of arrest in connection with C.R.No. 280 of 2020 registered on 08.08.2020 with Chandanzira Police Station, Jalna, Taluka and District Jalna, for the offence punishable u/s. 354-A, 323, 504, 506, 509 r/w. 34 of the IPC , the applicant has preferred this application seeking pre-arrest bail.

(2.) Heard learned counsel for the applicant and learned APP representing the respondent-State. Perused the papers of investigation.

(3.) In brief, it is the contention of the learned counsel for the applicant that the applicant is falsely implicated in the case at the behest of the informant. It is submitted that the applicant is Government servant and serving as ASI with the Police Department. He has put in 37 years service and due for retirement within a span of 2-3 years. He has unblemished service record. He has no past history of involvement in criminal cases. By referring the allegations made in the first information report lodged by the informant, learned counsel submits that on the face of allegations made, the story put-forth appears to be unnatural and improbable. It is submitted that as per the facts stated in the complaint, alleged incident occurred in presence of large number of persons. It is submitted that no person of such age and serving in Police Department would commit such act amounting to outraging the modesty of woman. It is submitted that a petty quarrel in between the applicant and informant has been exaggerated to anyhow implicate the applicant in commission of non- bailable offence. During restriction and prohibiting order operating on account of pandemic situation on account of spreading of COVID-19, the various restrictions have been imposed. The social gathering and holding of meeting has been prohibited. The applicant being policeman found the informant and other holding the meeting and obstructing the traffic. He asked them to clear the road for traffic. Being annoyed the informant lodged false complaint against the applicant. It is submitted that the applicant is ready to co- operate in investigation. The arrest of the applicant would lead to serious implication at fag end of his service career.