Shaikh Kadir Shaik Jameel @ Kadir Mulla v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.196 OF 2025 Shaikh Kadir Shaikh Jameel @ Kadir Mulla Age: 32 years, Occu.: Labour, R/o. Savera Colony, Dhar Road, Parbhani, Tq. & Dist. Parbhani ... Applicant

Versus

1. The State of Maharashtra Through Police Station Officer Nanalpeth Police Station, Tq. & Dist. Parbhani ... Respondents ......

Mr. Syed Azizoddin R., Advocate for Applicant Mr. S.S. Dande, APP for Respondent - State Mr. Vijay B. Kale, Advocate for Respondent No.2 ......

CORAM : ABHAY S. WAGHWASE, J.

RESERVED ON : 17 FEBRUARY 2025 PRONOUNCED ON : 20 FEBRUARY 2025 PER COURT :- 1.

Applicant seeks enlargement on bail on account of his arrest in Crime No.693 of 2024, registered at Nanalpeth Police Station, District Parbhani for offences punishable under Sections 109, 296, 115(2), 189(2), 191(2), 191(3), 190, 3(5) of Bharatiya Nyaya Sanhita (BNS), 2023.

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Learned counsel pointed out that applicant is arrested in above crime on 10.01.2025. He further pointed out that alleged incident is of 05.12.2024, but FIR is of 09.12.2024. That, there are mere allegations against the present applicant that, he had caught hold of the informant, and main accused Altaf stabbed him. That, except above role, there is nothing attributed to the applicant. That, he even not used any article, nor has assaulted. He pointed out that there is no recovery or discovery to be made from the applicant. That, as applicant is reported to be behind the bars since one month, learned counsel seeks enlargement on bail.

3.

Learned APP opposed on the ground that serious offence is committed. That, applicant has facilitated very occurrence by holding the informant, after which the main accused Altaf inflicted knife blow on the left side of chest and on the vital part of the body like throat. According to learned APP, investigation still is in progress, and for above reasons, he opposes the relief of regular bail.

4.

Heard. Perused the papers. FIR dated 09.12.2024 seems to be registered at the instance of one Sayyad Sayyad Sadek, shows that crime is registered against five persons. On going through the

{3} contents of FIR, it seems that occurrence is of 05.12.2024, therein including applicant, five persons are named for quarrelling with his brother. It is further reported that, after the quarrel, Shaikh Sarvar and Kadir Mulla caught hold of Syed Ishrad (informant), and Azhar Mirza took out knife and stabbed him. Another blow given on the cheek was warded off. Subsequently, it is reported that when his father came, he was also stabbed by Altaf. Injury certificate of Sayyad Sadek Sayyad Kabir and Sayyad Israd Ali, Sayyad Sadik Ali show that there are both grievous as well as simple injuries on right abdomen and chest respectively. Therefore, taking into consideration the above contents and there is allegation of facilitation resulting into assault, and when more particularly, investigation still is in progress, this court is not inclined to grant relief. Hence, the following order:

ORDER

Criminal Bail Application is rejected ABHAY S. WAGHWASE, JUDGE S P Rane