Mustakim Ayyub Shaikh And Ohters v. The Superintendent Of Police And Another

2024:BHC-AUG:28509

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 926 ANTICIPATORY BAIL APPLICATION NO. 1759 OF 2024 1.

Mustakim Ayyub Shaikh 2.

Tajahmed Bashir Shaikh 3.

Tanvir Rafik Shaikh .. Applicants

VERSUS

.

The Superintendent of Police and another .. Respondents ...

Advocate for Applicants :

Mr. Shaikh Mazhar A. Jahagirdar APP for Respondent/State: Mr. A. A. A. Khan ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 04.12.2024 P.C. :

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.0189 of 2024, registered at MIDC Paithan Police Station, District Aurangabad, for the offences punishable under Sections 115(2), 118(1), 189(2), 191(2), 191(3), 190, 352, 351(2) and 351 (3) of the Bharatiya Nyaya Sanhita, 2023.

3] The learned counsel for the applicants seeks leave to withdraw the application for applicants no.1 and 3.

4] Leave granted.

5] The learned counsel submits that the grievous injury is not attributed to applicant no.2 and if at all attributed is to the other accused.

6] Considering the same and that there are no antecedents against applicant no.2, anticipatory bail is granted.

7] In view of the above, the application is allowed to the extent of applicant no.2 in the following terms : i] In the event applicant no.2 is arrested in connection with Crime No.0189 of 2024, registered at MIDC Paithan Police Station, District Aurangabad, for the offences punishable under Sections 115(2), 118(1), 189(2), 191(2), 191(3), 190, 352, 351(2) and 351 (3) of the Bharatiya Nyaya Sanhita, 2023, he shall be released on bail on furnishing PR bond of Rs.15,000/- with one or two sureties in the like amount to the satisfaction of the trial Court. ii] Applicant No.2 shall attend the police station from 09.12.2024 to 11.12.2024 at 10:30 a.m. to 01:00 p.m. and, thereafter, as and when required by the Investigating Officer.

iii] Applicant No.2 shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case.

iv] Applicant No.2 shall co-operate with the investigation and also in the proceedings before the trial Court.

8] In the event, Applicant No.2 violates any of the conditions specified in this order, it 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 anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

10] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE marathe