RAJESH DHAKAL RAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant seeks his release on bail in connection with C.R. No.I-76 of 2020, dtd. 17/4/2020, registered with the Kasa Police Station, Palghar, for the offence punishable under Sec. 307, 353, 332, 333, 341, 427, 147, 148 and 149 of the Indian Penal Code, 1860 ('IPC') and Sec. 3 and 5 of the Prevention of Damage to Public Property Act, 1984. Thereafter, Ss. 302, 120B, 109, 117, 143, 144, 145, 152, 153, 188, 201, 269, 270, 271, 290, 342 and 505(2) read with Sec. 34 of the IPC and Ss. 51(B), 52 and 54 of the Disaster Management Act, 2005 and Ss. 2, 3, 4 and 5 of the Epidemic Disease Act, 1897 and Ss. 135 read with Sec. 37 (1) and (3) of the Maharashtra Police Act, 1951 were applied. Upon investigation, the charge-sheet was filed against 126 persons including the present Applicant. Initially, the investigation was conducted by the officers of Kasa Police Station and thereafter, was transferred to the State Crime Branch. Mr. Munde, learned Spl. PP, has informed that the investigation was recently transferred to the Central Bureau of Investigation ('CBI') on 8/8/2025 and by way of an amendment, the CBI is impleaded as Respondent No.2 in the present Application.

(2.) The facts of the case, in brief, are that while a lockdown was ordered and enforced in Palghar district on account of the Covid-19 pandemic, on 14/4/2020, at around 10:00 pm to 10:30 pm, a group of villagers attacked a private vehicle namely a white Eeco car. There were three passengers inside the car. The Police station received a call reporting that a mob of about 400 to 500 villagers had assembled in Gadchinche, and had overturned the said Eeco car. The passengers were trapped inside. The three persons pleaded with the main assailants in the mob that they were proceeding for a funeral of their guru. However, the villagers were convinced that these passengers were thieves, abducting children from the village. The mob assaulted these three people, with wooden sticks, rods, and stones. The mob was violent and were even pelting stones at the police van and the police personnel, which had come to rescue the persons being assaulted. The incident took an ugly turn and the police were compelled to resort to firing in the air, in an attempt to disperse the crowd. The mob, even went to the extent of assaulting the policemen, in an attempt to restrain them from reaching the persons required to be saved. All three persons succumbed to their injuries. Ultimately, the main persons in the assault were identified and arrested. The FIR was registered. The present Applicant is stated to be one of theactive assailants in the incident. The present Applicant was arrested on 30/4/2020.

(3.) The Applicant and another co-accused filed a joint application seeking bail before the Additional Sessions Judge, Thane, however, by order dtd. 26/11/2020, the bail application, insofar as the present Applicant is concerned, was rejected. He made a Bail Application bearing no. 2180 of 2021, before this Court, however, by order dtd. 1/4/2022, the said Application was rejected. He, again made a Bail Application No. 3638 of 2024 before this Court, jointly with another co-accused, however, the Applicant by order dated, 7/1/2025, was permitted to withdraw the same. The other co-accused namely Ramdas Kase Rao, who was also a party to the Bail Application No.3638 of 2024, was enlarged on bail. The present Applicant was permitted to file a fresh application after six months. Hence, the Applicant has moved the present Application for the reliefs as prayed.