Shaikh Najir Shaikh Shafi v. The State Of Maharashtra

2025:BHC-AUG:9651 {1} BA 459 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 459 OF 2025 Shaikh Najir S/o. Shaikh Shafi Age: 32 years, Occu.: Labour, R/o. Asefia Colony, Sambhajinagar.

....Applicant

Versus

The State of Maharashtra Through Police Inspector, Akhada Balapur Police Station, Dist.Hingoli.

.....Respondent .....

Advocate for Applicant : Mr.Satej S. Jadhav APP for Respondent : Mr.S.B.Narwade .....

CORAM : ABHAY S. WAGHWASE, J.

DATE : 2 APRIL, 2025 ORDER :

1.

Applicant seeks grant of regular bail on account of his arrest in crime no.0597 of 2024 registered at Akhada-Balapur Police Station,m District Hingoli for offence under Sections 137(2), 140(2), 310(2), 109, 127(2) 115(2), 352, 351(2)(3), 61(2) and 126(2) of the Bharatiya Nyaya Sanhita and under Section 3, 25 of the Arms Act. 2.

Learned counsel submitted that applicant is arrested on 05-10-2024. That, there are allegations of abducting an old person.

{2} BA 459 OF 2025 That, no role is attributed to applicant. That, now investigation is over and chargesheet is filed on 30-12-2024. Learned counsel submits that similarly placed accused no.3 has granted bail. That, now no further recovery or discovery is to be made and hence, learned counsel urges for grant of bail apparently on the ground of parity.

3.

Learned APP submitted that investigation revealed involvement of applicant in abduction. He was with another accused and was apprehended while he was in the company of said accused persons. According to him, there is possibility of misuse of liberty, if bail is granted.

4.

Heard. Perused the FIR. FIR dated 04-10-2024 at the instance of Avinash Ganpatrao Shinde is regarding abduction of his father in a vehicle from Mauje Akhada-Balapur and kept at a farm house for ransom. On above report, crime bearing no.0597 of 2024 has been registered.

5.

Now investigation is over. Chargesheet is filed on 30-12-2024.

{3} BA 459 OF 2025 This Court has granted bail to another accused namely Shaikh Tausif Shaikh Sameer, who is shown as accused no.3, by order dated 19-03-2025. Present applicant's role is also similar to that of accused no.3. Learned APP has not contravented statement of learned counsel that applicant was not present when abduction process was done. In the light of above discussion, relief as prayed deserves to be granted. Hence, following order is passed. :

ORDER

(i) Bail Application is allowed.

(ii) Applicant Shaikh Najir S/o. Shaikh Shafi be released on bail in connection with Crime no.0597 of 2024 registered with Akhada-Balapur Police Station, District Hingoli on executing Personal Bond of Rs.15,000/- with one surety in the like amount.

(iii) Applicant shall not tamper prosecution evidence. ( ABHAY S. WAGHWASE ) JUDGE SPT