Mumbai, Maharashtra – May 5, 2022 – Nafis Anis Choudhari, a 34-year-old businessman, has been granted bail in connection with a case of obstructing a public servant in the discharge of their duties. The Additional Sessions Judge, Deepak L. Bhagwat, of the Sessions Court for Greater Bombay, approved Choudhari’s bail application (Criminal Bail Application No. 890 of 2022) after considering the nature of the incident and the completion of Choudhari’s police custody.

Background of the Case:

Choudhari was arrested and charged under Sections 353 (assault or criminal force to deter public servant from discharge of his duty) and¹ 504 (intentional insult with intent to provoke breach of the peace) of the Indian Penal Code² (IPC). The prosecution alleged that Choudhari, while riding a motorcycle without a helmet, abused and physically interfered with a police constable attempting to issue an e-challan.

Allegations and Arrest:

According to the prosecution, when a police constable tried to stop Choudhari for riding without a helmet, Choudhari allegedly abused the constable, pushed the e-challan machine, and attempted to remove the constable’s body-worn camera. An altercation ensued, and Choudhari was taken to the police station.

Defense Arguments:

Mr. Sonawane, representing Choudhari, argued that the case involved simple verbal abuse and that further detention was unnecessary. He requested the court to grant bail.

Prosecution’s Counter-Arguments:

Smt. Seema Deshpande, the Additional Public Prosecutor (APP), opposed the bail application, arguing that there was evidence showing Choudhari had obstructed a public servant. She also expressed concern about an increasing trend of such offenses and requested the court to reject the application.

Court’s Observations and Decision:

Judge Bhagwat acknowledged that the FIR indicated Choudhari had used criminal force against a public servant. However, the court also noted that the incident primarily involved verbal abuse and a minor scuffle. The court highlighted that Choudhari’s police custody period was complete and that there was no need for further recovery of evidence.

The court emphasized that while Section 353 of the IPC carries a potential imprisonment of up to five years, considering the circumstances, granting bail with conditions was appropriate.

“True that the FIR apparently shows that the accused applicant used criminal force against the public servant in discharge of his public duties. However, the incident involves verbal abuses and mere altercation including scuffle. Police custody period of the applicant is already over. Nothing is to be recovered from the applicant. No need of further detention of the applicant,” Judge Bhagwat stated in his order.

Bail Conditions:

The court granted bail to Choudhari, subject to the following conditions:

• He must execute a Personal Bond of Rs. 15,000 and provide one or two solvent sureties of the same amount.
• He is permitted to furnish provisional cash security of Rs. 15,000 for one month in lieu of the surety bond.
• He must attend Ghatkopar Police Station as and when called by the Investigating Officer.
• He must provide a list of at least three blood relatives with their detailed residential addresses and work addresses (if any), along with documentary proof.
• He and his surety must inform the police and the trial court of any change in their residential addresses.
• He must submit copies of at least two documents among Pan Card, Aadhaar card, Ration card, Electricity Bill, Voter ID card, or property documents.
• The Investigating Officer will conduct physical verification of the residential addresses.
• He must not threaten or influence any person acquainted with the case.
• Conditions regarding document submission and verification must be complied with before or during the furnishing of the cash security or surety bond.
• The bail must be furnished before the Court of Metropolitan Magistrate.

Significance of the Ruling:

This ruling highlights the court’s consideration of the nature of the alleged offense and the completion of police custody when deciding bail applications. The court’s decision underscores that while obstructing a public servant is a serious offense, bail can be granted with appropriate conditions when the incident primarily involves verbal altercation and the accused has cooperated with the investigation.

Key Factors in the Bail Grant:

• Completion of Choudhari’s police custody.
• The incident primarily involving verbal abuse and a minor scuffle.
• Conditions to ensure Choudhari’s presence and prevent witness intimidation.

Future Proceedings:

The investigation in the case will continue, and the prosecution will be required to prove the charges against Choudhari beyond a reasonable doubt in the trial court. The court will monitor Choudhari’s compliance with the bail conditions.