Ayaz Beg Iliyaz Beg And Others v. State Of Maharashtra Thr. Pso, Ps Sarmaspura, Tah. Achalpur, Dist. Amravati

2025:BHC-NAG:3878

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO.198 OF 2025 (Ayaz Beg Iliyaz Beg and others Vs. The State of Maharashtra thr. PSO PS Sarmaspura, Tah. Achalpur, Dist. Amravati) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. Mohd. Amin Memon, Advocate for Applicant. Mr. C. A. Lokhande, APP for Non-Applicant/State. CORAM: URMILA JOSHI PHALKE, J.

DATE: 9 th APRIL, 2025.

1.

Apprehending the arrest at the hands of police in connection with Crime No.224/2024 registered with Police Station Sarmaspura, Tahsil Achalpur, District Amravati for the offences punishable under Sections 121(1), 125, 132, 189(2), 190, 191(2), 191(3) of the Bharatiya Nyaya Sanhita, 2023, the applicants approached this Court for grant of pre-arrest bail.

2.

Learned counsel for the applicants submitted that the names of the present applicants are not mentioned in the FIR. Only 20 to 25 unknown persons names are mentioned who gathered and pelted stones towards the police officials in which the police officials have sustained the injuries. Considering the general allegations are levelled against the present applicants he prayed for the anticipatory bail.

3.

Learned APP strongly opposed the application

and submitted that the involvement of the present applicants in a communal riot, and therefore, their custodial interrogation is required. However, he fairly submitted that the applicants have attended the police station. 4.

Heard both the sides. Perused the recitals of the FIR and the investigation papers from which it reveals that the names of the present applicants are not mentioned in the FIR. Allegations are of a general in nature. However, considering their involvement in a communal riot, some conditions requires to be imposed. In view of that, I proceed to pass the following order:

O R D E R

(i) The application is allowed.

(ii) In the event of arrest the applicants:

(1) Ayaz Beg Iliyaz Beg, (2) Mohsin Shah Chand Shah, (3) Shaikh Amin Shaikh Nasir, (4) Shaikh Rafik @ Salman Shaikh Rashid, (5) Ayan Beg Iliyaz Beg, (6) Shaikh Bashir Shaikh Nasir, (7) Anwar Beg Yusuf Beg and (8) Usman Beg Yusuf Beg in connection with Crime No.224/2024 registered with Police Station Sarmaspura, Tahsil Achalpur, District Amravati for the offences punishable under Sections 121(1), 125, 132, 189(2), 190, 191(2), 191(3) of the Bharatiya Nyaya Sanhita, 2023, shall be released on anticipatory bail on

executing a P.R. bond in the sum of Rs.25,000/- each with one solvent surety in the like amount.

(iii) The applicants shall attend the concerned police station once in a week i.e. on every Monday between 10:00 a.m. and 01:00 p.m. and shall cooperate with the investigating agency.

(iv) The applicants shall not induce, threat or promise any witnesses who are acquainted with the facts of the case.

(v) The applicants shall not indulge themselves in similar type of the activities and on registering a single offence, the anticipatory bail granted to them deserves to be cancelled.

5.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.) NSN