Sayyad Yasin Sayyad Yakub v. The State Of Maharashtra

2025:BHC-AUG:605 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO.2155 OF 2024 Sayyad Yasin Sayyad Yakub Age 36 years, Occu.: Labour, R/o. H. No.14-1-207/2, Nirangunj Colony, Bhavani Nagar, Aurangabad .

... Applicant

Versus

1. The State of Maharashtra ... Respondent ......

Mr. Abhaysinh K. Bhosle, Advocate for Applicant Mr. V.M. Chate, APP for Respondent - State ......

CORAM : ABHAY S. WAGHWASE, J.

RESERVED ON : 08 JANUARY 2025 PRONOUNCED ON : 10 JANUARY 2025 ORDER :

1.

Applicant herein seeks enlargement of bail in Crime No.0525/2024 registered at Khultabad Police Station, District Aurangabad for offences under Sections 307, 324, 323, 504, 506, 143, 147, 148, 149 of the Indian Penal Code (IPC). 2.

Pointing out to the FIR and charge-sheet, learned counsel for applicant submitted that applicant is arrested on 24.10.2024. That, alleged occurrence is of 12.12.2022. That, main accused and other

-2accused against whom there are allegations of use of knife are already beneficiaries of regular bail. That, as regards to the present applicant is concerned, there are allegations of mere use of stick. That, nothing is to be recovered from applicant, and hence for the above reasons, learned counsel prays for grant of regular bail.

3.

While opposing the bail application, learned APP pointed out that incident is of 12.12.2022. That, crime is registered against in all six accused persons. Learned APP pointed out that since occurrence, present applicant was absconding, and is recently found. That, investigation as regards to his involvement is not yet done, and hence, relief as prayed is opposed.

4.

Heard both the sides. Perused the investigation papers and chargesheet. Papers show that above crime seems to be registered at the instance of one Asifuddin Ajijuddin Sheikh. Admittedly and apparently, applicant remained absconding since occurrence, and therefore, after investigation against remaining accused, they were charge-sheeted. As regards to present applicant is concerned, he is arrested on 24.10.2024. Learned APP pointed out that investigation as regards to present applicant is yet not complete, and he is yet to be charge-sheeted. Therefore, though other accused are set at liberty, they were apparently arrested, and resultantly charge-sheet as against them was filed,

-3however, present applicant remained absconded. Investigation as regards to his role is still not complete. Therefore, this court is not inclined to grant bail at this stage, more particularly, in the light of nature of offences and allegations against him. Hence, the following order :

ORDER

(I) The application is rejected.

(II) Liberty to move after filing of charge-sheet. ABHAY S. WAGHWASE, JUDGE S P Rane