Mumbai, July 26, 2022 – Avinash Vidyadhar Epili, a 22-year-old, has been granted bail by the Sessions Court for Greater Bombay in connection with a case involving assault on police officers and reckless driving. Additional Sessions Judge S.M. Menjoge granted bail, citing the lack of necessity for continued detention and the unlikelihood of the accused influencing police witnesses.

Epili was arrested in connection with Crime No. 474/2022, registered at Mulund Police Station. He was charged with offences punishable under Sections 353 (assault or criminal force to deter public servant from discharge of his duty), 332 (voluntarily causing hurt to deter public servant from his duty),¹ 279 (rash driving or riding on a public way),² 336 (act endangering life or personal safety of others), 504 (intentional insult with intent to provoke breach of the peace),³ read with 34 (acts done by several persons in furtherance of common intention)⁴ of the Indian Penal Code, and Sections 239 (allowing unauthorized person to drive motor vehicle) and 184 (driving dangerously) of the Motor Vehicles Act.

The Allegations and Court’s Observations

The complainant in the case is a police constable. The court, after reviewing the application, the reply of the investigating officer, and the case diary, noted that there was no question of the accused pressurizing the complainant or other police staff. Epili had been in custody since July 6, 2022. The court concluded that his further detention was unnecessary and that no purpose would be served by keeping him in jail.

Reasons for Granting Bail

The court cited the following reasons for granting bail:

• Unlikelihood of Witness Tampering: Given that the complainant and witnesses are police officers, there is minimal risk of the accused influencing them.
• Duration of Custody: Epili had already been in custody for several weeks.
• Lack of Necessity for Further Detention: The court found no compelling reason to continue Epili’s detention.

Conditions of Bail

Epili was granted bail on the following conditions:

• He must execute a personal bond of Rs. 15,000 with one or two sureties of the same amount.
• He must not pressurize prosecution witnesses in any manner.
• He must not commit any offense while on bail.
• He must attend court dates regularly, unless exempted.
• He must furnish his correct address to the investigating officer.
• He was granted a provisional cash bail of Rs. 15,000 for a period of four weeks, to allow him time to organize his surety bonds.
• Bail before the Ld. Magistrate.

Implications and Future Proceedings

The granting of bail highlights the court’s consideration of the specific circumstances of the case, including the nature of the witnesses and the duration of custody. The court’s decision also reflects the principle that bail should be granted unless there are compelling reasons to deny it. The case will proceed with further investigation and trial, where the prosecution will present its evidence, and the defense will have the opportunity to challenge the allegations. This decision reflects the courts careful consideration of facts and circumstances in criminal proceedings.