The Bombay high court has recently refused to grant anticipatory bail to a woman constable after a man registered a complaint against her and two others alleging that these persons were using his car
The Bombay high court has recently refused to grant anticipatory bail to a woman constable after a man registered a complaint against her and two others alleging that these persons were using his car to escort vehicles illegally carrying gutka, a banned substance in the state, to borders of Maharashtra and Karnataka.
The complainant, a driver, in his complaint said that he was summoned by the applicant Sonali Ingole attached to Mangalvedha police station in Solapur and co-accused policemen Devkate and Gholve several times and his Maruti Ertiga car was used by them to escort tempos, trucks and other vehicles carrying gutka to safe places.
According to the complainant, on one such occasion, the complainant was asked to alight from the vehicle and his car was taken by the applicant and other co-accused to Pandharpur and thereafter, the said vehicle was not returned to him. On his complaint filed under Sections 406 (criminal breach of trust), 420 (cheating) and 34 (common intention) of Indian Penal Code was registered against them.
Applicant Inglole’s lawyer argued before the court that the accused woman constable has been newly recruited in the police force and that she was only accompanying the co-accused. He also said that there is nothing to be recovered, as the police has already seized the car. On the other hand, additional public prosecutor S.S. Pednekar vehemently opposed the bail application saying that the applicant and co-accused are in police force and they were permitting transport of banned contraband into Maharashtra. He informed the court that there are CCTV footage to show that the said Ertiga car was used to escort vehicles carrying banned the contraband.
He also pointed out that call data record (CDR) of the accused also show that the accused policemen were in touch with the persons who were transporting gutka and considering the allegations the applicant is already suspended.
After hearing arguments and perusing documents provided by the prosecution Justice Revati Mohite-Dere observed that the allegations are of a serious nature and the applicant misused and abused her position and has engaged in illegal activities.
“Instead of apprehending the offenders and curtailing the illegal activities, the applicant and other co-accused, all police, were themselves indulging in such illegal activities. Considering the aforesaid facts, this is not a fit case to grant anticipatory bail,” observed the judge while rejecting the application.
