Furkhan Khan Ayyub Khan And Others v. The State Of Maharashtra
2025:BHC-AUG:6836
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 934 ANTICIPATORY BAIL APPLN. NO. 237 OF 2025 1] FURKHAN KHAN AYYUB KHAN 2] IRFAN AYUB KHAN 3] SHAHRUKH KHAN AYYUB KHAN 4] AKHEEB KHAN AYUB KHAN
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicants : Mr.G.K.Muneshwar APP for Respondent-State : Mr.S.P.Sonpawale Advocate for assist to P.P. : Mr.G.B.Kendre h/f mr.A.G.Jadhav ...
WITH CRIMINAL APPLICATION NO. 692 OF 2025 IN ABA/237/2025 ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 07.03.2025 P.C. :
1] Heard. For the reasons stated in Criminal Application No.692/2025 for assisting to P.P., the same is allowed. The Criminal Application is disposed of accordingly.
2] Heard learned counsel for the applicants, the learned APP for the respondent-State and the learned counsel for the assisting to P.P.
3] The learned counsel for the applicants, on instructions, seeks leave to withdraw the present application in respect of applicant no.1, namely, Furkhan Khan Ayyub Khan.
4] Leave granted. The Anticipatory Bail Application is dismissed as withdrawn in respect of applicant no.1, namely, Furkhan Khan Ayyub Khan. 5] The applicant nos. 2 to 4 are apprehending arrest in connection with Crime No.05/2005, registered with Ardhapur Police Station, District Nanded, for the offences punishable under Sections 118(2), 115(2), 352, 351(2), 351(3), 3(5) of the B.N.S., 2023.
6] This Court, by order dated 20.02.2025, has granted interim protection in favour of the applicant nos.2 to 4, for the reasons stated in para nos.3 and 4, as noted below :
3] The genesis of the present matter lies in matrimonial dispute between the family of the applicants and the informant. There are cross FIRs registered against one another. At the instance of applicant no.1 grievous injury is caused to the informant and his leg is fractured. As regards the other applicants, the injuries attributed to them or caused by them are simple in nature.
4] Considering the same, interim protection can be granted to applicants no.2, 3 and 4.
7] The learned counsel for the applicants submits that in pursuance of the aforesaid order, the applicant nos.2 to 4 have attended the concerned police station and have co-operated with the investigation. Therefore, no further interrogation of the applicant nos. 2 to 4 is necessary. He further submits that this is a fight between the family members and the injured is the brother in law of applicant no.1 and fight is happened on account of matrimonial dispute as regards harassment caused by the informant to the sister of the applicant no.1.
8] Considering the genesis of the offence as the matrimonial dispute between the family of the applicants and the informant, the interim protection granted by order dated 20.02.2025 in respect of applicant nos.2 to 4, stands confirmed, in the following terms :
i] The applicant nos. 2 to 4 shall attend the concerned police station as and when required by the investigation officer.
ii] The applicant nos. 2 to 4 shall not tamper with the evidence of the prosecution in any manner. They shall not influence the informant, witnesses and other persons concerned with the case.
iii] The applicant nos. 2 to 4 shall co-operate with the investigation and also in the proceedings before the trial Court.
9] In the event, the applicant nos. 2 to 4 violate any of the conditions specified in this order, it shall be liable to be cancelled.
10] 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 proceed further in the matter without being influenced by the observations made hereinabove.
11] The application stands disposed of.
[ARUN R. PEDNEKER] JUDGE DDC