Shaikh Shaker Shaikh Yunus v. The State Of Maharashtra

2024:BHC-AUG:27460

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 932 ANTICIPATORY BAIL APPLICATION NO. 1533 OF 2024 Shaikh Shaker Shaikh Yunus

VERSUS

The State Of Maharashtra ...

Advocate for Applicant : Mr. A. R. Tapse and Mr. Suryawanshi Prashant D. APP for Respondents-State: Mr. B.B.Bhise ...

CORAM : ARUN R. PEDNEKER, J.

Dated : November 22, 2024.

PER COURT :- 1.

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

2.

The applicant is apprehending arrest in connection with FIR No.158/2024, dated 25/06/2024, registered with Police Station, Wadwani, Dist. Beed, for the offences punishable under sections 323, 304-B, 109 read with 34 of the Indian Penal Code.

3.

The learned Counsel for the applicant submits that the applicant has not committed any offence as alleged and that his name has been included at the behest of the complainant. It is contended that the applicant has been falsely implicated in the crime along with other accused persons. Furthermore, it is asserted that the applicant was not present at the scene of the incident at the relevant time. The allegations against the applicant are described as false, imaginary, and vague, with no connection tot he death of the deceased, Sana begum Shaikh Shaker. Page 1 of

932 ABA 1533-2024 4.

Per contra, the learned APP has produced police papers / case diary indicating that, the deceased was subjected to demands for Rs.50,000/- to be brought from her maternal home for repayment of a hand loan and the deceased was harassed for that purpose. Moreover, on 16/06/2024, in the afternoon, the accused Nos. 1 to 4 allegedly assaulted Sana Begum at Chinchwadgaon, after which she was left at her maternal home. Although the death has taken place on 22/06/2024, it is to be noted that the deceased had injuries on her inflicted by the applicant. As such, no case made out for anticipatory bail. 5.

In view of the above, the present application is dismissed. 6.

It is clarified that, the above observations of this Court are prima facie expressions only for the purpose of this application. ( ARUN R. PEDNEKER, J. ) vj gawade/-.

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