THE CURRENT SCENARIO

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Monday, May 25, 2020

TCS

MAN ACCUSED OF ATTEMPTING TO KILL POLICE WHILE COMMITTING THEFT OF SAND GRANTED ANTICIPATORY BAIL BY HC

Zafar khan
Nagpur,25 May 2020
ZA Haq J while hearing the matter through video conferencing has granted anticipatory bail to Mohd Yakub Mohd Yusuf    R/o. Vihigaon, Tq- Anjangaon Surji, Dist – Amravati.
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Mohd Yakub Mohd Yusuf  was apprehending his arrest at the hands of Police Station, Rahimapur Dist amravati for offence punishable sections U/S 307, 353, 379, 279, 34 Of IPC R/W Sec 3 Of Prevention Of Damage To Public Property Act Vide Crime No 21/2020.

The prosecution case in brief is that the informant he is working as a police constable in PS Rahimapur. It is alleged by the informant that, on 14-02-2020, while informant and other persons were patrolling for prohibition raid, he has seen present applicant on motorcycle and alleged that, he was keeping a watch on police. I is further alleged that, thereafter informant has seen 4 tractors coming towards them and when police party has tried to stop the tractors, drivers of those tractors have tried to kill police party by attempting to run the tractors over them. It is alleged that, in the process, one tractor along with its driver was caught by police and police party tried to catch hold of other tractors but other 3 tractors were successful in fleeing away. It is further alleged that, on questioning the driver of the tractor, he told his name as Ashok Bhambhukar and tractor was filled with 1 brass of sand. That, he further disclosed that, applicant was owner of one of the tractor.

It was submitted that, story in the the FIR appears to be farfetched. It is submitted that, as per the story of prosecution, while one of the tractors was caught, other 3 tractors even on chase by private vehicle by police party were successful in fleeing. It is submitted that, such allegations seem to be far from reality as tractor which has negligible speed cannot run away when it is chased by private vehicles run by police party. 

It was submitted that,  the only allegations against the applicant is that, co-accused in police custody has disclosed that, applicant was driving one of the tractor and he has ran away.
It was submitted that,    statement of co-accused under custody of the police is not admissible evidence and same is hit by sec 25 and 26 of Indian Evidence Act.


Taking into consideration the submissions made, Mohd Yakub was granted anticipatory bail.

Adv Mir Nagman Ali appeared for  Mohd Yakub Mohd Yusuf.

Adv Mir Nagman Ali,
Bombay High Court, Nagpur Bench, Nagpur