Bom HC | Ad-Interim Bail granted to applicant alleged to have an altercation with police personnel on not wearing mask

Bombay High Court:  Bharati Dangre, J., addressed a complaint wherein a verbal altercation took place for the reason that applicant was asked to wear a mask.

Complainant alleged that while he was on duty of bandobast for prevention of CoronaVirus, the applicant on being asked to wear the mask entered into a verbal altercation.

The complaint filed referred to the above-stated altercation in detail and alleged that he was instigated in discharge of his official duty by the applicant and as far as the assault was concerned, complaint stated that he placed his hand on his shoulder.

Offence had been registered under Sections 323, 353 and 506 of Penal Code, 1860 against the applicant and relevant provisions of Disaster Management Act, 2005.

Bench observed that on prima facie what emerges is a verbal altercation between complainant and applicant while latter was discharging his duty. No ingredients of Sections 323 and 353 of Penal Code, 1860 are made out.

Thus in view of the above, applicant was granted ad-interim bail. Court also directed the applicant to not directly or indirectly make any inducement, threat or promise to any persons acquainted with facts of the case to dissuade him from disclosing the facts to Court or nay Police Officer.  [Shekhar v. State of Maharashtra, LD VC Anticipatory Bail Application No. 37 of 2020, decided on 05-05-2020]

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