The Bombay High Court recently granted pre-arrest bail to a man who was booked for pushing a police officer.

Justice Manish Pitale, presiding over a single-judge bench, was adjudicating an anticipatory bail petition filed by an individual under the purview of the Indian Penal Code and the Food Standards Safety Act.

Among the various sections cited against the petitioner, the court deemed only sections 328 (pertaining to Causing Hurt By Poison) and 353 (relating to Assault or criminal force to deter public servants from discharge of duty) as pertinent to the case.

The matter concerning the application of section 328, specifically concerning the unlawful transportation of Gutkha, is currently awaiting deliberation in the Supreme Court.

The applicant faced an allegation of pushing a police officer during the seizure of his vehicle carrying Guthka.

The applicant argued that there was insufficient evidence to establish that he was the one who pushed the officer. He further noted that since his vehicle had already been seized, the court could consider granting him pre-arrest bail.

The additional public prosecutor pointed out that the matter related to section 328 was pending before the higher court, where the applicant had already been granted pre-arrest bail.

Upon consideration, the court granted the applicant's plea, observing that prima facie, the case favored the applicant.

"As regards Section 353 of IPC, the applicant has made out a prima facie case in his favour and in any case, custodial interrogation for such a charge may not be necessary as long as the applicant is ready to co-operate with the investigation," the court said