Mumbai, August 3, 2022 – Nilesh Laxman Bera has been granted bail by the Sessions Court in Mumbai in connection with a case where he was accused of insulting a public servant. Bera was arrested in connection with Crime No. 1014/2022, registered at Khar Police Station, for offenses under Sections 353 (assault or criminal force to deter public servant from discharge of his duty), 504 (intentional insult with intent to provoke breach of the peace),¹ and 509 (word, gesture or act intended to insult the modesty of a woman)² of the Indian Penal Code (IPC).

The Allegations

According to the prosecution, Bera uttered insulting words towards a public servant while she was discharging her duty.

Bera’s Defense and Arguments

Mr. P.S. Dubey, representing Bera, argued that his client was innocent and had been falsely implicated. He requested that Bera be released on regular bail under Section 439 of the Criminal Procedure Code (Cr.P.C.).

Prosecution’s Objections

Mr. Shankar Erande, the Additional Public Prosecutor (APP), opposed the bail application, arguing that if released, Bera might abscond and tamper with evidence.

Court’s Observations and Decision

Additional Sessions Judge C.V. Patil considered the submissions and the documents on record. The court noted that most of the witnesses in the case were from the police department, minimizing the possibility of Bera tampering with them.

“From the story of prosecution it appears that almost witnesses are from the police department and therefore there is no question of tampering or hampering to the witnesses at the hands of accused,” Judge Patil stated in the order.

The court also observed that while the offense was triable by the Sessions Court, the trial would take time, and it was not desirable to keep Bera in custody without sufficient reason. The court concluded that the prosecution’s concerns about Bera tampering with evidence and absconding could be addressed by imposing necessary conditions.

“However, considering nature of offence though it is triable by this court but trial would take its own time and for long it is not desirable to keep accused behind bar without satisfactory reason. The objection that accused will tamper evidence and would abscond can be secured by imposing necessary condition on the accused,” Judge Patil stated.

Bail Conditions

Bera was granted bail on a personal bond (PB) and surety bond (SB) of Rs. 15,000 each. The court imposed the following conditions:

• Bera must attend the police station when called by the Investigating Officer (I.O.).
• He must not leave India without permission from the trial court.
• He must furnish his ID proof, registered address, and phone number before the trial court/I.O.
• He must cooperate with the investigation and attend the police station when called by the I.O.
• He must not tamper with prosecution evidence in any manner.
• Breach of any condition will result in the cancellation of bail.

Key Points

• Police Witnesses: The court noted that most witnesses were from the police department, reducing the risk of tampering.
• Trial Delay: The court acknowledged that the trial would take time, and prolonged detention was not justified.
• Conditions Imposed: The court imposed conditions to address the prosecution’s concerns about absconding and tampering.
• Insulting Public Servant: The case involved allegations of insulting a public servant during the discharge of her duty.
• Cooperation with Investigation: The court ordered the accused to cooperate with the investigation.