Ujama Amer Pathan Alias Ujma Alim Shaikh And Others v. The State Of Maharashtra
2025:BHC-AUG:8926
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD 929 ANTICIPATORY BAIL APPLICATION NO. 405 OF 2025
1. Ujama w/o Amer Pathan @ Ujma Alim Shaikh,
2. Nurbi w/o Yusuf Kha Pathan,
3. Anjum w/o Yunus Khan Pathan,
4. Najema w/o Najir Shaikh @ Nadina Shaikh.
VERSUS
The State Of Maharashtra ...
Advocate for Applicant : Mr. Shaikh Kayyum Najir APP for Respondents-State: Mr. B. B. Bhise ...
CORAM : ARUN R. PEDNEKER, J.
Dated : March 26, 2025.
PER COURT :- 1.
Heard learned counsel for the applicants and the learned APP for the respondent-State.
2.
The applicants are apprehending arrest in connection with FIR No.0040/2025, registered at Paithan Police Station, District Aurangabad, for the offences punishable under sections 119(2), 118(1), 74, 115(5), 352, 351(2), 189(2), 190, 191(2), 191(3) of Bharatiya Nyaya Sanhita, 2023. 3.
The present application is moved by the four lady accused/applicants. The FIR alleges that on 12/02/2025, the applicants, along with other male members, assaulted the informant and his family members due to a dispute arising from the informant's purchase of adjacent land. A civil dispute is ongoing between the applicants and the previous owner of the said land. Accordingly, the present FIR came to be registered. 1 of
929 ABA 405-2025 4.
The learned Counsel for the applicants submits that the applicants are lady members, and the FIR primarily attributes the assault to the male members. As far as the present applicants are concerned, the allegations are limited to assault by fist blows. It is further submitted that applicant No.1 Ujama w/o Amer Pathan @ Ujma Alim Shaikh was nine months pregnant at the relevant time and has since delivered a child. 5.
On perusal of the injury certificate, it is noted that all three members of the informant's family have sustained injuries. Son Shrikrushna Bapusaheb Veer suffered one grievous injury on the right lower limb, while the others sustained simple injuries.
6.
Considering that the primary injuries were caused by sticks wielded by the male members and that the applicants are female members, they are granted anticipatory bail.
7.
In view of the above, the application is allowed in the following terms:- i] In the event the applicants are arrested in connection with FIR No.0040/2025, registered at Paithan Police Station, District Aurangabad, for the offences punishable under sections 119(2), 118(1), 74, 115(5), 352, 351(2), 189(2), 190, 191(2), 191(3) of Bharatiya Nyaya Sanhita, 2023, they shall be released on bail on furnishing PR bond of Rs.20,000/- with one or two sureties in the like 2 of
929 ABA 405-2025 amount to the satisfaction of the trial Court. ii] The applicants shall attend the police station on 02/04/2025 in between 10.30 a.m. to 01.30 p.m. and also as and when called by the police.
iii] The applicants 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. The applicants shall not commit a similar offense against the informant or his family members.
iv] The applicants shall co-operate with the investigation and also in the proceedings before the trial Court.
8.
In the event, the applicants violates any of the conditions specified in this order, it shall be liable to be cancelled. 9.
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.
10.
The application stands disposed of.
( ARUN R. PEDNEKER, J. ) vj gawade/-.
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