Tarique Ahmad Mohiyuddin Ansari v. State Of Maharashtra
by CHITRA SANJAY SONAWANE Date:
2022.10.01 13:43:50 +0530 CHITRA SANJAY SONAWANE
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2661 OF 2022 Tarique Ahmad Mohiyuddin Ansari ..
Applicant.
Vs.
The State of Maharashtra ..
Respondent.
...
Mr.Shrikant Rathi a/w Naushad Sayyed, Advocate for applicant. Mr. S.H. Yadav, APP for the State.
API Samadhan Mazade, Bhoiwada police station present. ...
CORAM : BHARATI DANGRE, J.
DATE : 28th SEPTEMBER, 2022.
P.C.:
1.
Applicant is apprehending his arrest in CR no.166/2022, registered with Bhoiwada police station.
2.
Complainant is one Abushah Nurulhuda Farooqui aged 20 years, who reported to the police that he is acquainted with the applicant, who is son of the loom owner Mohiuddin Ansari. While reporting about the incident he stated that, on 16.8.2022, his friend Rustom Mansuri gave a phone call to him and stated that Tarique Asnsari had urinated near the loom and quarrel ensued between them. He was called on the spot and when he reached, he noticed presence of Tarique Ansari and one Saddam Ansari. At
that time Tarique Ansari pointed out to the complainant, as friend of Rustom and it is alleged to have stated that Rustom Mansuri is not present and let the complainant be assaulted. It is alleged that then Saddam Ansari assaulted the complainant by means of a wooden log on the back side of his head whereas, the applicant is alleged to have assaulted the complainant by means of a wooden log on right hand. Other unknown persons abused him and assaulted by fist and blows. 3.
The injury certificate refers to fracture of right Ulna which is described as a grievous injury. There are other injuries in form of CLW on skull and the face. There is also a blunt trauma on right tibia. Undisputedly, the applicant is an author of injury no.1 in the certificate. However, considering the role attributed to him, his custodial interrogation is not necessary. The applicant deserve to be released on bail subject to stipulation that he shall render his assistance to the Investigating Officer. Hence, I pass the following order.
: ORDER :
1.
The application is allowed.
2.
In the event of his arrest, the applicant-Tarique Ahmad Mohiyuddin Ansari, in connection with C.R. No.166/2022, registered with Bhoiwada Police station, shall be released on
bail, on furnishing P.R. bond to the extent of Rs.25,000/- with one or two sureties of the like amount.
3.
The applicant shall report to Bhoiwada police station on 3rd and 4th October 2022, at 3.00 p.m. and thereafter, as and when called by the police.
4.
The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any police officer. The applicant should not tamper with evidence.
[SMT. BHARATI DANGRE, J.]