Thane: Days after a law student was booked for allegedly attacking a police officer and a police employee after an altercation over wrong side entry into a housing society in Manpada, Thane, the Thane sessions court has granted him anticipatory bail.
About The Case
As per the details of the case earlier this month, the police officer, Sachin Rajput, and Ashish Barde, who is in the personal service of Zonal Commissioner of Police (Zone II) Amit Kale, were allegedly attacked by Maitreya Kulkarni, when the duo made a wrong side entry into Neelkanth Greens at Mulla Baug. All are residents of the same housing society.
The court observed that the primary accused were the erring police officers, who also displayed high-handedness. The court referred to the CCTV footage and reprimanded the police for deliberately leaving loopholes in registering the offence against their own personnel. The court noted that Kulkarni allegedly landed some blows and Rajput retaliated. However, the court found it surprising that Barde arrived at the spot within a short time.
“It is the contention of the applicants that Rajput abused them in a filthy language, yet no case was registered against him. It cannot be ignored that Rajput allegedly entered from the wrong side with a police vehicle, and any pedestrian would have reacted similarly,” the court noted.
The court said this showed that it was not a pre-planned assault with an “intention to kill”. Moreover, the police described that Kulkarni assaulted the alleged victims with the iron rod of an umbrella. The court observed that “it was merely an umbrella, which is not a harmful weapon”. It was a key allegation that there was equal participation by Kulkarni and Rajput. However, the Kulkarni’s complaint was never registered by the police against Rajput. The court called for remarks from senior police inspector of Chitalsar-Manpada police station, Sunil Varude, via an order in the roznama dated August 20.
In response, the court was informed that a non-cognisable offence was registered against Rajput. “However, the date was skilfully avoided by Varude. When the court sought a copy of the complaint, it was noticed that it came to be registered on August 21; after the court’s order and 14 days after the incident. This reflects that the police deliberately delayed taking cognisance of the report since both accused were police personnel,” the court noted.
The court noted that no action was initiated against the informant (Rajput) for driving the vehicle from the wrong side to enter the housing society. “As the detailed address of both applicants was given and they are in the legal profession, their presence can be easily secured. Hence, the application (for anticipatory bail) deserves to be allowed. Attendance at the police station will suffice for the purpose of investigation,” the court said.
