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Synopsis

The Thane Sessions Court has granted anticipatory bail to NCP Leader Jitendra Awhad in the molestation case registered against him in the Mumbra police station, Thane on 13.11.2022.

Awhad was booked for using criminal force against the complainant with the intention to outrage her modesty. The police had registered an FIR against him under section 354 of IPC. Awhad had approached the Sessions Court since the said offence was non-bailable and he was apprehending that the police officials might arrest him.

Advocate M.G Chavan, for Awhad, told the court that he was falsely implicated in the case and is a Member of a Legislative Assembly and leader of a political party. It was argued that he is an office bearer of the rival political party and due to political vendetta and to make a dent in the political career of the applicant, he was deliberately and falsely implicated in the case.

Further, Chavan argued that the applicant is a Member of a Legislative Assembly and Ex­ Minister, having a good reputation in society and if the applicant is arrested for the crime, then not only is he deprived of his personal liberty but also his reputation in the society will be lowered. He informed the court that the applicant is residing in the territorial jurisdiction of the court and is ready to abide by the conditions imposed by the court along with cooperating with the investigating officer.

He submitted to the court that as per the report, Awhad had touched the shoulder of the informant and pushed her. He said that merely pushing the informant without having any intention to outrage the modesty does not constitute an offence under section 354 of IPC. He said that Awhad did not have the intention to outrage the modesty of the informant.

Additional Public Prosecutor, V.R Chandane, for the state argued that the offence punishable under section 354 of IPC is a serious offence as it was committed against a woman. He informed the court that the investigation is in progress and therefore the custody of the accused is required. He argued that the applicant is on bail in another case and by committing the said crime he had breached the conditions of bail and since the applicant is an influential political leader there is a possibility that, by using the influence, he may pressurize or threaten the informant or other witnesses to dissuade them from disclosing the fact of the case to the Investigating Officer or the court.

The Sessions Court while granting bail to Awhad referred to section 354 of IPC and said,

“Though the force was applied by the applicant to move aside the informant, however, that force cannot be termed as "criminal force" under section 350 of IPC. Similarly, the another key ingredient of section 354 of IPC is the intention to outrage the modesty or having knowledge that he will thereby outrage the modesty.”

The bench further observed that:

“The alleged incident was committed at public place wherein so many persons were gathered. It appears that, at the time of incident the applicant has pushed the informant only with intention to make a way to move forward. It also comes to my knowledge that, at that time apart from pushing the informant, the applicant has pushed some other persons in order to make his way to move forward. Prima facie, it comes to my knowledge that, in that act, 'the culpable intention', to outrage the modesty was missing.”