Bombay HC grants pre-arrest bail to Pune man in lockdown violation case

MUMBAI: Observing that the “turbulent times of the pandemic has left everyone erratic and disorganized,’’

Bombay high court

granted pre-arrest bail to a Pune man

Akshay Bengrut

, booked in a case where the main accused, a shopkeeper,

Ritesh Kasat

, was found by police not to be wearing a mask at 4 pm last month. The shopkeeper was arrested and is in jail.


The HC said there was no need for Bengrut's custody and “custodial interrogation is not warranted in such types of offences’’.

"…the registration of the present FIR is the classic example of confused minds,'' said

justice Bharati Dangre

.

Akshay Bengrut, 27, had applied for pre-arrest bail which the lower court denied him.

Bengrut’s counsel

Ejaz Khan

who contended false implication said the case against him was merely because he was present in a shop belonging to his brother-in-law. When a police constable from Samartha Nagar police station in Pune entered the shop on September 23 he found the shopkeeper allegedly mask-less. The police lodged a “longish FIR’’ noted the HC.

Kasat, 43, had said he had removed it to have lunch. When the police questioned him, the FIR said Kasat allegedly hit the police and broke his nameplate. The police allegedly beat him too. Justice Dangre in her order on October 16 noted, “the unfortunate incident resulted in dislocation of one of the tooth of the accused.’’ Kasat and one of his employee have been arrested and are still in custody in Yerwada jail, as bail was denied by a lower court.

The FIR against the trio was for manhandling and using criminal force to obstruct public servants in their duty under section 353 of Indian Penal Code (IPC) which attracts up to two years’ imprisonment, for an offence of committing ‘negligent act likely to spread infection of disease dangerous to life’ under section 269, IPC which attracts punishment of up to six months’ jail and also for violations under the Epidemic Diseases Act.

The accused also filed a cross-FIR. The HC said in any case no custody was essential and directed Bengrut’s release in event of arrest on a personal bond of Rs 25000. Khan first said his client was willing to supply the police stations with masks but agreed to HC's suggestion to deposit Rs 10000 with the Chief Minister’s relief fund. The HC directed him to deposit the amount within four weeks and to cooperate with police investigation.

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