Abrar @ Chunnu Sheru Pathan v. The State Of Maharashtra

953-ABA-875-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.875 OF 2023 ABRAR @ CHUNNU SHERU PATHAN

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. R. P. Patwardhan APP for Respondents: Mr. S. P. Sonpawale ...

CORAM:R.M. JOSHI, J DATE :AUGUST 29, 2023 PER COURT :

1.

Applicant apprehends arrest in connection with with C.R. No. 114 of 2023 registered with Vaijapur Police Station, Dist. Aurangabad for the offences punishable under Sections 143, 147, 148, 149, 307, 324, 323, 504 of the Indian Penal Code.

2.

FIR indicates that an incident had occurred on 17.03.2023 wherein the informant was assaulted by Tausif and Azhar. There is further allegation that 1015 other persons were present at the spot they abused and assaulted him with fist and kick blows.

3.

Learned Counsel for the Applicant states that there is no specific allegation against him causing assault on the informant with any weapon. It is also

953-ABA-875-2023.odt contended that the offence punishable under Section 307 of IPC does not get attracted against him.

4.

Learned APP by relying upon the investigation papers and more particularly transcript of CCTV footage submits that presence of the Applicant can be seen at the spot of incident. Hence, it is not a fit case for grant of anticipatory bail.

5.

FIR as well as transcript of the CCTV footage do not show any overt-act committed by the present Applicant in the said incident of assault. The use of weapon and causing of injury is specifically alleged against two co-accused. Hence, prima facie there is no material on record to show involvement of the Applicant in attracting offence punishable under Section 307 of IPC. There are no criminal antecedents against Applicant.

6.

In view of above, application stands allowed by confirming order dated 06th June, 2023.

(R.M. JOSHI, J.) Malani