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Bombay High CourtABA/1465/2024disposed off

Aqueel Habib Shaikh v. The State Of Maharashtra And Another

2025-01-16Hon'Ble Shri Justice Arun R. Pedneker3 pages

2025:BHC-AUG:1207 1 930

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 930 ANTICIPATORY BAIL APPLICATION NO. 1465 OF 2024 AQUEEL HABIB SHAIKH

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Urgunde Suhas P. APP for Respondent/State: Mr. V. S. Badakh ...

WITH ANTICIPATORY BAIL APPLICATION NO. 1495 OF 2024 AKHTER ABDUL RAJJAK QURESHI

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Chaudhari N. L.

APP for Respondent/State: Mr. V. S. Badakh ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 16th JANUARY, 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 Crime No.153 of 2024, registered at Daulatabad Police Station, District Chh. Sambhajinagar (Aurangabad), for the offences punishable under Sections 325, 3(5) of the Bharatiya Nyaya Sanhita, 2023 & under

2 930 Section 5(A), 5(B), 5(C) of the Maharashtra Animal Preservation Act, 1976 & under Section 63 of the Food Safety and Standards Act, 2006. 3] This court by orders dated 26.08.2024 and 30.08.2024 has granted interim protection to the applicants. The learned counsel for the applicants point out that the other Directors are already granted anticipatory bail by the learned Additional Sessions Judge, Aurangabad. The learned counsel submits that the applicants are similarly situated.

The learned APP has not been able to dispute the factual aspect that the applicants are not similarly situated as like the other applicants as like the Sessions Court they also being Directors of cold storage company.

4] Considering the same, on parity, the interim protection granted by orders dated 26.08.2024 and 30.08.2024 stands confirmed, on the following terms:

i] The applicants shall attend the police station as and when required by the Investigating Officer.

ii] 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. iii] The applicants shall co-operate with the investigation and also in the proceedings before the trial Court.

3 930 5] In the event, the applicants violate any of the conditions specified in this order, it shall be liable to be cancelled. 6] 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. 7] The applications are disposed of.

[ARUN R. PEDNEKER, J.] marathe