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Bombay High CourtABA/1943/2024application allowed

Salman Alishan Sayyed (Salman Abdul Gafar Sayyed) v. The State Of Maharashtra And Another

2025-03-10Hon'Ble Shri Justice Arun R. Pedneker3 pages

2025:BHC-AUG:6842

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 11 ANTICIPATORY BAIL APPLICATION NO. 1943 OF 2024 SALMAN ALISHAN SAYYED (SALMAN ABDUL GAFAR SAYYED)

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Mr. Narayan B. Narwade, Advocate for Applicant. Mr. A. A. A. Khan, APP for Respondents-State. ...

CORAM :

ARUN R. PEDNEKER, J.

DATE :

10.03.2025 P.C.:- 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.0178/2023 dated 22.02.2023 registered at Kotwali Police Station, District Ahmednagar, for the offences punishable under sections 25, 4 of Arms Act, 1959 and Sections 143, 147, 148, 149, 307, 323, 324, 341, 504 and 506 of Indian Penal Code, 1860.

3] The learned counsel for the Applicant points out order dated 13.09.2024 in Anticipatory Bail Application Nos.1237 of 2023 and 1252 of 2023 in which, the accused/Applicants have been granted anticipatory bail. He submits that the allegations in the FIR of the assault would pertain to the Applicants in the above Anticipatory Bail Application Nos.1237 of 2023 and 1252 of 2023. As far as the present Applicant is concerned, the learned counsel submits that the Applicant has not used any weapon in the assault. Considering the order passed

in the connecting matter, so also, considering the injury certificate and the injury as shown is simple in nature and the fact that there is no specific role of assault by weapon by the Applicant, the Applicant can be granted anticipatory bail 4] The learned APP submits that the Applicant is one who called the other persons and started quarrel. The perusal of the FIR would show that there was some altercation between the Applicant and the informant and the others thereafter came and assaulted. 5] The persons who assembled to assault the informant are granted anticipatory bail. Therefore, considering the injury certificate, this Court can grant bail to the Applicant in this matter. 6] In view of the above, the application is allowed on the following terms :

i] The Applicant shall attend the police station as and when required.

ii] The Applicant 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.

iii] The Applicant shall co-operate with the investigation and also in the proceedings before the trial Court. 7] In the event, the Applicant violates any of the conditions specified in this order, it shall be liable to be cancelled.

8] 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. 9] The application stands disposed of.

(ARUN R. PEDNEKER) JUDGE