SAYYED SHAUKAT ALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application under Section 438 of the Code of Criminal Procedure, 1973, seeking anticipatory bail.

(2.) Facts giving rise to this application are that the complainant Baliram Appa Gidhane lodged complaint against the applicant alleging that the applicant demanded bribe of Rs. 30,000/- for releasing labours and the complainant Gidhane. The complainant Gidhane does business of transporting sand in his tempo. On 24/7/2020 the complainant was proceeding in a Bollero Jeep along with his labours. At that time, the applicant intercepted the Bollero Jeep and asked the Police staf to take the complainant Gidhane, his labours and Bollero Jeep to the Police Station. At that time, the complainant Gidhane requested the applicant, who was working as Inspector of Sillegaon Police Station, to release the complainant Gidhane and his labours. The applicant demanded Rs. 30,000/- from the complainant Gidhane, for releasing him and his labours.

(3.) It is further alleged that the complainant told the applicant that he would bring money on the next day and on that count the applicant released the complainant and his labours. On 26.7.2020, the applicant again demanded amount from the complainant Gidhane. Thereafter, the complainant Gidhane approached Anti Corruption Bureau Office. Accordingly, for vericcation of demand, the complainant Gidhane and panch were sent. Noticing another person i.e. panch accompanying the complainant Gidhane aroused the suspicion of the applicant and he asked the other person i.e. panch to leave that room. The applicant demanded Rs. 30,000/- from the complainant Gidhane. The complainant said that he had brought Rs. 12,000/-. Thereupon, the applicant started searching clothes of the complainant. The complainant ran away from the police station. The applicant directed the person present in the police station and a Home Guard to catch the complainant Gidhane. Both of them ran behind the complainant. The complainant dropped the Voice Recorder on the road. It was picked up by the Home Guard and one unknown person and it was brought to the police station. The Anti Corruption Officer came there and demanded the Voice Recorder from the applicant. The applicant handed over the Voice Recorder to the Officer of the Anti Corruption Bureau. On checking memory card of the said Voice Recorder, it was noticed that the electronic cheap was scratched. The memory card was blocked. On these allegations F.I.R. was lodged against the applicant under Section 7 of the Prevention of Corruption Act, 1988 (as amended in 2018), under Section 201 of the Indian Penal Code, under Sections 65 , 43(a) and 43(d) of the Information and Technology Act , 2008.