The Mumbai Sessions Court recently denied bail to a 20-year-old boy for violating the curfew restrictions by playing cricket with six other boys without wearing a mask.
Additional Sessions Judge stated that the accused if released would be a serious threat to the general public.
In the above case, the accused and six other boys were playing cricket in the middle of the road without wearing a mask and thereby violating curfew restrictions. When they noticed the police coming towards them, they tried to run away but had to leave their mobile phones behind.
When they returned to collect their phones, one of the police officers had a phone in his hand, which they tried to snatch. In doing so, they ended up injuring the officer’s hand.
The boys were accused of obstructing a public servant from carrying out duty and violation the COVID restrictions.
The accused was arrested and sent to judicial custody. The Magistrate rejected his bail application as the other accused seemed to be absconding and hence the main accused approached the Sessions Court for regular bail.
The accused stated that they had no common intention to hold an unlawful assembly and merely because the other accused were absconding, he could not be denied bail.
The Court observed that the police during the relevant period had imposed curfew under section 144 of the Code of Criminal Procedure due to the COVID-19 situation in Maharashtra.
In such a situation, the boys playing cricket without wearing a mask was a contravention of the provision and that in itself is sufficient to hold the group liable for forming an unlawful assembly and contravening the guidelines issued by the State.