Ajahar Khan Shakur Khan Mevati @ Aju Mevati And Others v. The State Of Maharashtra And Others
2024:BHC-AUG:5282 1 43-ABA-2037-23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 2037 OF 2023 AJAHAR KHAN SHAKUR KHAN MEVATI @ AJU MEVATI AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ...
Mr. Amit S. Savale, Advocate for Applicant Mr. A.R. Kale, APP for Respondents/State ...
WITH ANTICIPATORY BAIL APPLICATION NO. 1994 OF 2023 HAFIZODDIN BADRODDIN ANSARI AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Ms. Sabahat T. Kazi, Advocate for Applicant Mr. A.R. Kale, APP for Respondents/State ...
WITH ANTICIPATORY BAIL APPLICATION NO. 2011 OF 2023 JAKIR @ MAYA @ JAKIR KHAN SHABBIR KHAN
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Ms. Sabahat T. Kazi, Advocate for Applicant Mr. A.R. Kale, APP for Respondents/State ...
CORAM : NITIN B. SURYAWANSHI, J.
DATE : 11th MARCH, 2024 PER COURT :
1.
Applicants apprehend arrest in C.R. No.598/2023, registered with Shahada Police Station, Dist. Nandurbar, for offence punishable under Sections 307, 120-B, 324, 143, 147, 148, 149, 427, 323, 504 of the Indian Penal Code, Section 7 of Prevention of Damage to Public Property Act, 1984 and Sections 37(1), 37(3) and
2 43-ABA-2037-23.odt 135 of the Maharashtra Police Act, 1951.
2.
FIR is lodged by Chunilal Ratilal Koli Mistari, alleging that on 29/09/2023 when he was at work, his wife called him and asked to come to police station. When he reached there, he was informed that in Eid-E-Milad procession persons from one community were abusing women of other community. Therefore, those women have lodged complaint against them at police station. Thereafter, informant along with his wife and other ladies and villagers started returning back. At that time, 27 accused persons named in the FIR along with 15 to 20 other persons attacked them with sticks and iron pipes. Accused Altaf Ansari and Samad Ansari assaulted informant with iron pipe. They also damaged his motorcycle. Stones were pelted on informant and others due to which informant's wife so also, Yuvraj Bhoi and Uday Sali also received injuries. Due to the assault, informant received 9 stitches on his head. 3.
Heard learned advocates for applicants and learned APP for respondents / State. Perused the investigation papers. 4.
Total 45 accused persons are named during investigation. There are specific allegations of assault with iron rod against Altaf Anasari and Samad Ansari. They were arrested, so also, some of the other accused persons whose names were disclosed in investigation. All the arrested accused are released on regular bail.
3 43-ABA-2037-23.odt 5.
General allegations are levelled against applicants in the FIR and no specific overt act is attributed to them. Applicants do not have any criminal antecedents. They are permanent residents of Shahada, Dist. Nandurbar and have deep roots in society. Applicants will not abscond if released on bail. Since investigation appears to be on the verge of completion and as nothing is to be recovered from applicants, their pre-trial custodial detention is not necessary. 6.
In the result, applications are allowed.
7.
In the event of arrest of applicants in connection with C.R. No.598/2023, registered with Shahada Police Station, Dist. Nandurbar, for offence punishable under Sections 307, 120-B, 324, 143, 147, 148, 149, 427, 323, 504 of the Indian Penal Code, Section 7 of Prevention of Damage to Public Property Act, 1984 and Sections 37(1), 37(3) and 135 of the Maharashtra Police Act, 1951, applicants be released on executing P.B. and S.B. of Rs.15,000/- each, with one surety in the like amount.
8.
Applicants shall attend concerned police station on every Sunday between 10:00 a.m. to 12:00 p.m. for a period of three months from today and shall co-operate in the investigation. Applicants shall not tamper prosecution evidence. (NITIN B. SURYAWANSHI, J.)