Mukhtar Mustakh Kureshi And ANR v. The State Of Maharashtra

1 of 2 907.ABA.484.2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.484 OF 2020

1. Mukhatar Mustakh Kureshi,

2. Mehboob Abdul Kureshi,

3. Ajim Yusuf Kureshi Applicants versus The State of Maharashtra Respondent Mr.Rupesh A. Zade for applicant.

Mr.S.S.Pednekar, APP, for State.

Mr.S.C.Mundhe, PSI, Baramati Police Station, present. CORAM : PRAKASH D. NAIK, J.

DATE : 27th February 2020 PC :

1.

This is an application for anticipatory bail in CR No.15 of 2020 registered with Baramati Police Station for offences under Sections 307, 364, 143, 147, 149, 504, 506, 323 of Indian Penal Code. The FIR was registered on 10th January 2020. The complainant is Raju Hasan Shaikh.

2.

It is alleged that on 9th January 2020 several persons including the applicants confronted the complainant about providing information to one Shivshankar Swamy. The accused forcibly took the complainant in the vehicle. He was taken to Paranda in Osmanabad District. Information of abduction of complainant was provided to others. The complainant was assaulted. The applicants had assaulted by fist and kick blows. He was threatened of dire consequences. Thereafter he was taken to Baramati and released.

2 of 2 907.ABA.484.2020.doc 3.

Learned APP submitted that the complainant was medically examined. He had sustained simple injuries. Accused no.1 Kasam had pointed out knife. There are four criminal antecedents against Kasam and the applicants were associated him while committing present crime. The distance between Baramati and Paranda is about 137 kilometers and complainant was abducted for two days. The contention of applicants is that there is no specific overt act attributed to the applicants. The role attributed to them is of assaulting by fist and kick blows. The FIR was lodged on the next day.

4.

On perusal of the material on record it is apparent that the complainant was assaulted. He was taken in vehicle. He was intimidated. He was taken to Paranda from Baramati. The applicants were amongst the accused who had abducted the complainant. The investigation is in progress. Investigation discloses complicity of applicants. They are named in the FIR. Role is ascribed to them. Hence, no case for grant of anticipatory bail is made out. Anticipatory Bail Application No.484 of 2020 is rejected. (PRAKASH D. NAIK, J.) MST