Asif Babulal Shaikh And Others v. The State Of Maharashtra
2024:BHC-AUG:28619
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD 960 BAIL APPLICATION NO. 2000 OF 2024 1.
Asif Babulal Shaikh, 2.
Sayyed Riyaz Mujib, 3.
Nihal Baba Shaikh.
VERSUS
The State Of Maharashtra ...
Advocate for Applicant : Mr. Bhale Babasaheb S. APP for Respondents: Mr. A. A. A. Khan ...
CORAM : ARUN R. PEDNEKER, J.
Dated : December 05, 2024.
PER COURT :- 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 in connection with FIR No.0407/2024, dated 19/09/2024, registered with Osmanabad City Police Station, District Osmanabad, for the offences punishable under sections 109, 119 (1) 118 (1), 115 (2), 189 (2), 191 (2), 191 (3), 190, 352, 324 (4) of the Bhartiya Nyaya Sanhita.
3.
The learned Counsel for the applicants submits that the applicants were arrested on 27/09/2024. Perused the medical papers. It appears from the medical papers of Amol Bedke that simple injuries were caused to him, and one of the injuries is grievous in nature, caused by a hard and blunt object to the nasal bone.
4.
The learned APP submits that the CCTV footage shows the applicants were present at the scene, and there are eye-witnesses to the incident. However, none of the applicants were seen holding any weapons.
1 of
960 BA 2000-2024 5.
The applicants are in custody since 27/09/2024. No further investigation appears necessary concerning the present applicants. Multiple persons were involved in the fight, therefore, the specific role of the applicants will need to be ascertained during the trial. 6.
There are no antecedents against the applicants. It is also to be noted that the offence occurred in light of earlier allegations of theft against the informant.
7.
In view of the above, the application is allowed in the following terms : - a] The applicants shall be released on bail in connection with FIR No.0407/2024, dated 19/09/2024, registered with Osmanabad City Police Station, District Osmanabad, for the offences punishable under sections 109, 119 (1) 118 (1), 115 (2), 189 (2), 191 (2), 191 (3), 190, 352, 324 (4) of the Bhartiya Nyaya Sanhita, on furnishing PR bond of Rs.20,000/- each with one or two sureties in the like amount to the satisfaction of the trial Court. b] The applicants, upon being released on bail, shall not contact the informant, in any manner whatsoever, during the pendency of the trial.
c] The applicants shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court.
d] The applicants shall not tamper with the evidence of the prosecution and he shall not influence the informant, witnesses 2 of
960 BA 2000-2024 and other persons concerned with the case.
e] The applicants, 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 applicants shall be liable to be cancelled. 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.
9.
The application stands disposed of.
( ARUN R. PEDNEKER, J. ) vj gawade/-.
3 of