LAWS(BOM)-2020-12-319

SWAPNIL PREMSING PATIL Vs. STATE OF MAHARASHTRA

Decided On December 03, 2020
Swapnil Premsing Patil Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) On an apprehension of arrest in connection with Crime No. 201 of 2020 registered with Dharangaon Police Station, Taluka Dharangaon, District Jalgaon, for the offences punishable u/s. 420, 406, 418, 294, 506 r/w. 34 of the IPC , the applicant has preferred this Application seeking pre-arrest bail.

(2.) Heard learned counsel for the applicant, learned APP for the respondent- State and the advocate representing the informant. Perused the first information report.

(3.) In brief, it is the contention of the learned counsel for the applicant that the applicant is a Government servant and served as a Junior Clerk in the office of Ground Water and Development Agency from 20.08.2008 upto 30.05.2018. On 31.05.2018, he was transferred and posted in the office of Senior Geologist at Nandurbar. It is submitted that complaint was lodged on 18.04.2020 by the informant leading to registration of the above referred crime. By referring the allegations made in the complaint, learned counsel submits that the allegations made in the complaint are primarily made against the accused no.1. i.e. Vishwambhar Tayade. Police have arrested accused no.1. It is submitted that even if allegations made in the complaint are taken to its face value and presumed to be true and correct still it makes out no offence u/s. 406, 418 and 420 of the IPC against the applicant. It is submitted that the applicant is having deep roots in the society. He is ready to co-operate in investigation. In case the applicant is not protected on account of such false complaint lodged at the instance of informant there is every likelihood that applicant may be arrested, humiliated and harassed for no offence committed on his part and affect his service career as a Government servant.