(1.) The applicant is seeking relief under Sec. 438 of the Criminal Procedure Code, 1973 in connection with First Information Report No.I-172 of 2022 dtd. 20/6/2022 for offence punishable under Ss. 306 , 166 , 166(A) , 223 , 347 read with Sec. 34 of the Indian Penal Code, 1860.
(2.) According to prosecution, one Santosh Shinde was apprehended in Crime No.380 of 2019 registered in Telangana. He disclosed names of Vijay Budhu Birari and Jaliya Alias Santosh Sahane of having sold stolen gold articles. Team of policemen from Telangana reached Nashik for the purposes of investigation of the said crime. The team was headed by Rupani Ramulu Vyankatesh. They took rooms in Government Rest House and took custody of Vijay Birari and brought him to Panchavati Police Station. Without producing Vijay Birari before the Magistrate as mandated under Sec. 56 of the Criminal Procedure Code, 1973, he was taken to the Government Rest House where he was allegedly tortured and confined which prompted him to commit suicide by jumping from the fourth floor of the Government Rest House.
(3.) The applicant, therefore, approached learned Sessions Judge, who by order dtd. 28/7/2022 rejected the application. Aggrieved thereby, the applicant has filed present Anticipatory Bail Application.