← Library
Bombay High CourtBA/1289/2025application allowed

Qureshi Mohammad Irfan Abdul Rahim v. The State Of Maharashtra

2025-07-17Hon'Ble Shri Justice Arun R. Pedneker4 pages

2025:BHC-AUG:18643

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 925 BAIL APPLICATION NO. 1289 OF 2025 QURESHI MOHAMMAD IRFAN ABDUL RAHIM

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Subodh P. Shah APP for Respondent/State: Mr. D. J. Patil ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 17.07.2025 P.C. :

1] Heard learned counsel for the applicant and the learned APP for the respondent-State.

2] The applicant is seeking bail as he was arrested on 10.06.2025 in connection with Crime No.195/2025, dated 10.06.2025, registered with Udgir City Police Station, District Latur, for the offences punishable under Sections 109(1), 296, 115(2), 351(2), 351(3), 189(2), 191(2), 191(3), 190 of Bharatiya Nyaya Sanhita, 2023 & under Section 135 of the Maharashtra Police Act, 1951. 3] The case against the applicant is that he has assaulted the informant in the busy market area on account of shifting of the motorcycle. It is stated that the offence had taken place at around 05:30 p.m. in the market place

and there was threat given by the applicant to the informant to kill him. The applicant is in custody from 10.06.2025, however, no recovery is made at the instance of the applicant.

4] The learned APP produced the Injury Certificate of the informant, which shows that there is incised wound on the chest of the informant and nature of injury is shown as simple.

5] The learned APP points out that there are antecedents against the applicant and prays that the bail application be rejected.

To which, the learned counsel for the applicant responds that out two antecedents one of the case bearing Crime No.96/2023 [196/2023] is closed and as regards the another antecedent Crime No.81/2020, registered under Section 326, which relates to bodily injury, the same is pending and, further, prays for grant of bail to the applicant.

6] Considering the injury certificate and that the assault had happened on the spur of moment and that the applicant is in custody from 10.06.2025 bail can be granted to the applicant.

7] In view of the above, the application is allowed

in the following terms :

a] The applicant shall be released on bail in connection with Crime No.0195/2025, dated 10.06.2025, registered with Udgir City Police Station, District Latur, for the offences punishable under Sections 109(1), 296, 115(2), 351(2), 351(3), 189(2), 191(2), 191(3), 190 of Bharatiya Nyaya Sanhita, 2023 & under Section 135 of the Maharashtra Police Act, 1951, on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court. b] The applicant shall attend the concerned police station once in a week till filing of the charge-sheet. c] The applicant, upon being released on bail, shall not contact the informant, in any manner whatsoever, during the pendency of the trial. d] The applicant shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court.

e] The applicant shall not tamper with the evidence of the prosecution and he shall not influence the informant, witnesses and other persons concerned with the case.

f] The applicant, upon being released on bail, shall place on record of the trial Court the details of his Contact Number and residential address with updates in case of any change.

8] Needless to say, in case of violation of any of the aforesaid conditions, the bail granted to the applicant 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 bail application. The concerned Court shall proceed further in the matter without being influenced by the observations made hereinabove.

10] It is also clarified that if the applicant is found indulged in similar offences, the bail granted today would be liable to be cancelled.

11] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE marathe