Tanveer Hussain Wajid Hussain v. The State Of Maharashtra And Another

2025:BHC-AUG:5391

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 915 ANTICIPATORY BAIL APPLN NO.189 OF 2025 TANVEER HUSSAIN WAJID HUSSAIN

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr.Md. Asif Iaqbal Siddiqui APP for Respondent-State : Mr.N.B.Patil Advocate for Assist to P.P. : Mr.S.V.Jadhwar ...

WITH CRIMINAL APPLICATION NO. 691 OF 2025 IN ABA/189/2025 ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 25.02.2025 P.C. :

1] Heard. For the reasons stated in Criminal Application No.691 of 2025 for assisting to the P.P., the same is allowed. The Criminal Application is disposed of accordingly.

2] Heard learned counsel for the applicant, the learned APP for the respondent-State and the learned counsel for assisting to the P.P.

3] The applicant is apprehending arrest in connection with Crime No. 0316/2024, registered with Begumpura Police Station, Taluka and District Aurangabad, for the offence punishable under Section 109 (1), 115 (2), 352 r/w. 3 (5) of the Bharatiya Nyaya Sanhita. 4] The allegation against the present applicant is that he has assaulted the informant by means of knife on his stomach thrice.

5] The learned counsel for the applicant submits that there is free fight between two groups and that the parties were admitted in the Hospital. The learned counsel further submits that this is free fight between two groups and it is not possible to ascertain who has caused injury to the injured. The injuries caused to the informant are not at the instance of the applicant and the said injuries are self inflicted injuries. The learned counsel relies upon the orders passed by this Court in Anticipatory Bail Application No.1254/2024, decided on 06.05.2025, Anticipatory Bail Application No.756/2024 decided on 19.03.2024 and Anticipatory Bail Application No.246/2024 decided on 26.03.2024 and submits that the High Court in identical fact situation has granted anticipatory bail and thus the applicant may be released on anticipatory bail.

6] The learned APP produced injury certificate of the informant and the informant has suffered three injuries, as noted below :

1.

Contused lacerated wound Lateral aspect of right side of abdomen 1x1x4cm 2.

Contused lacerated wound Lower part of abdomen 0.5x0.5x.0.5 cm 3.

Contused lacerated wound Over anterior abdomen 0.5x.05.x.03 cm Considering that the injuries caused to the informant are on the stomach by means of a knife and the said injuries are not self inflicted injuries, so also, the orders relied by the learned counsel for the applicant cannot be applied in the instant case, considering the direct involvement of the present applicant in the alleged crime, this is not a case to grant anticipatory bail in favour of the applicant. Hence, the present application is dismissed. 7] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall not be influenced by the observations of this Court while deciding regular bail or at trial.

[ARUN R. PEDNEKER] JUDGE DDC