Anas Mustaq Khatik And Another v. The State Of Maharashtra
2024:BHC-AUG:1022 {1} drp
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1737 OF 2023 Illu Thekedar @ Shaikh Zubair Shaikh Gaffar APPLICANT
VERSUS
The State of Maharashtra and Another RESPONDENTS WITH ANTICIPATORY BAIL APPLICATION NO.1667 OF 2023 Afsar (Bablu U Kaz) and Another APPLICANTS
VERSUS
The State of Maharashtra and Another RESPONDENTS WITH ANTICIPATORY BAIL APPLICATION NO.1552 OF 2023 Badi Qureshi (Gas Godown) and Another APPLICANTS
VERSUS
The State of Maharashtra and Another RESPONDENTS .......
Mr. P. P. Patni, Advocate for the applicant Mr. A. R. Kale, APP for respondent - State .......
WITH ANTICIPATORY BAIL APPLICATION NO.1502 OF 2023 Anas Mustaq Khatik and Another APPLICANTS
VERSUS
The State of Maharashtra and Another RESPONDENTS .......
Mr. Sayyad Tauseef Yaseen hf Mr. Mohd Assm Mohd Abdul Kaleem, Advocate for the applicant Mr. A. R. Kale, APP for respondent - State .......
[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 17 th JANUARY, 2024 ORDER :
1.
Applicants apprehend arrest in Crime No. 217 of 2023
{2} registered with Nandurbar City Police Station for offence punishable under section 341, 363, 307, 143, 147, 148, 149, 323, 504, 506 (2) of the Indian Penal Code and u/s 37 (1), 37
(3) and 135 of the Maharashtra Police Act.
2.
FIR is lodged by Sagar Madhukar Kukawalkar alleging that on 23rd July, 2023, at about 4.15 p.m., applicants, along with 15 to 20 other accused persons came on motorcycle, by forming unlawful assembly and common object of the assembly was to restrain the informant and kidnap him. Accordingly, informant was kidnapped from C. B. Petrol Pump. He was beaten by fists and kick blows. One of the accused person pointed knife at his neck and threatened him. Informant was, thereafter taken at Gazi Nagar and was beaten there also. Informant was taken from one place to other and was beaten by hockey stick on head, mouth and back. Mob of accused persons beat him with fists and kick blows and by stones and his cell phone was snatched. Incident of beating was recorded in the cell phone of accused. Thereafter, informant was left at Dhule Choufully. 3.
Heard learned advocates for applicants and learned APP for State. Perused the papers of investigation.
4.
Pursuant to the registration of crime, 28 accused persons
{3} were arrested and some of them are identified by informant. 5.
General allegations are levelled against applicants that they have participated in the alleged offence. Injury certificate of informant shows that he has suffered two simple injuries. Prima facie, therefore, allegations of assault with hockey stick etc. that too by many accused persons, cannot be accepted. 6.
Considering the general allegations levelled against applicants and the fact that 28 accused persons are already arrested, custodial detention of the applicants is not necessary, as nothing is to be recovered from them.
7.
Applications are, therefore, allowed by confirming interim protection granted to applicants.
8.
Applicants shall co-operate in the investigation and shall attend identification parade, if any, conducted by the Investigating Officer.
9.
Till filing of the charge sheet, applicants shall attend the concerned police station on every Sunday between 10.00 a.m. to 12.00 noon. Applicants shall not tamper prosecution evidence. [NITIN B. SURYAWANSHI] JUDGE drp/aba1737-23.doc