Bombay HC grants temporary bail to UPSC aspirant, asks his mother to surrender for road rage

While observing that road rage incidents against traffic personnel was on the rise, the Bombay high court (HC) granted temporary bail to a man aspiring to join the

While observing that road rage incidents against traffic personnel was on the rise, the Bombay high court (HC) granted temporary bail to a man aspiring to join the Central Armed Police Force (CAPF). The man, along with his mother, was booked for assaulting and causing hurt to traffic police personnel who intercepted their car, which entered closed/barricaded road, resulting in a traffic jam and inconvenience to the public. The court granted relief to the man to appear for Union Public Service Commission (UPSC) exams scheduled on December 20 but asked his mother to surrender to the police within a week.

Bombay high court granted bail to the UPSC aspirant so he could appear for his exams. (HT Photo)

On November 25, a single-judge bench of justice CV Bhadang, while hearing the bail application of the mother and son duo booked for deterring and assaulting a public servant from discharging their duty, was informed by advocate AM Sarogi that the incident had occurred in Pandharpur on October 22. He further submitted that as the sessions court had refused bail to the duo on the grounds that assaulting a public servant was a serious offence, they had approached the HC.

According to the complaint filed by a woman constable attached to Pandharpur city police station on October 22, the duo was driving their vehicle on the road leading to tehsil office. As some repair work was undertaken on the road, it had been partially closed and barricaded. At around 12.45pm the woman constable (complainant) stopped the car and asked them to turn back as the road was closed on their route. However, they refused and an altercation ensued. It was also alleged that the barricade was removed as a result of which there was a traffic jam and caused inconvenience to the general public.

Thereafter, the mother and son were taken to the police station where the mother disclosed that she was a retired police officer and understood the law. When the police personnel insisted on getting their details, the mother assaulted the woman constable, following which a case was registered.

The man and his mother were charged 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 the duty), 324 (causing hurt by dangerous weapons), 341 (wrongfully restraining a person from moving to a place or direction), 506 (criminal intimidation), 268 (public nuisance) of the Indian Penal Code (IPC) among others.

Sarogi informed the court that the man was 22-years old and would be appearing for UPSC exam on December 20 for recruitment into CAPF. Sarogi added that as the career of the man would be spoiled if he was kept behind bars, he should be granted temporary bail.

Assistant public prosecutor YM Nakhwa, however, opposed the application and said the offence was serious and the co-accused mother was still at large.

After hearing the submissions, the bench observed, “It is a matter of common experience that the incidents of road rage are on rise and of late, such incidents are not only restricted to private individuals using the road but even traffic personnel, who are assigned with the duty of regulating the traffic, are at a receiving end.”

After granting temporary bail to the man on submitting a personal bond worth ₹15,000 and other conditions the judge ruled, “Looking at the nature of the role attributed to the applicant, as against the co-accused mother, and that the applicant has expressed remorse and regrets in the matter and in view of the circumstance that the applicant is required to appear for UPSC examination, I find that the applicant can be released on a temporary bail in order to enable him to prepare and appear UPSC examination, subject to conditions.”

The court then directed the mother to surrender before the Pandharpur city police station within a week.