Ubed Ahmed Abdul Jabbar v. The State Of Maharashtra, Thr. Pso, Ps, Yashodharanagar, Dist. Nagpur
2025:BHC-NAG:5654
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 546 OF 2025 Ubed Ahmed Abdul Jabbar Vs State of Maharashtra Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. M.N.Ali, counsel for applicant.
Ms. H.N.Prabhu, APP for non-applicant/State.
CORAM : URMILA JOSHI-PHALKE, J.
DATED : 16/06/2025.
1.
Present application is preferred by the applicant for grant of bail in connection with Crime No. 234/2025 registered at Yashodhara Nagar Police Station, District Nagpur for the offence punishable under Sections 118(1), 137(2), 189, 191, 190, 351(3), 353(2) and 115 of the Bhartiya Nyaya Sanhita, 2023.
2.
The crime is registered on the basis of a report lodged by Sagar Gulab Tirpude on an allegation that on 17/03/2025, on occasion of the Shiv Jayanti, there was a dispute between the two communities, and in that dispute, the present applicant and the other co-accused assaulted him as well as the other prosecution witnesses. On the basis of the said report, police have registered the crime against the present applicant.
3.
The learned counsel for the applicant submitted that, initially, the name of the applicant is not mentioned in the FIR, and in a supplementary statement, as an
afterthought, his name is added, and only a role is attributed to him by alleging omnibus allegations. Now, the investigation is practically completed, and therefore, he prays for releasing the applicant on bail.
4.
The learned APP strongly opposed the said application and submitted that the specific role is attributed to the present applicant. The present applicant was seen in CCTV footage forcefully entering into the auto-rickshaw, in which the informant was being taken by the present applicant and the other co-accused, and assaulted him. 5.
Heard both sides and perused the investigation papers, initially the name of the present applicant was not mentioned in the FIR, and subsequently, his name was added. The CCTV footage panchanama is also drawn. A general allegation appears to be levelled against the present applicant. Considering the nature of the offence and considering the fact that material investigation is already completed and the identification parade panchanama is also held, in view of that, the application deserves to be allowed. Accordingly, I proceed to pass the following order. a] The criminal application is allowed.
b] The applicant- Ubed Ahmed Abdul Jabbar, shall be released on bail in connection with Crime No. 234/2025 registered at Yashodhara Nagar Police Station, District Nagpur for the offence punishable under Sections 118(1), 137(2), 189, 191, 190, 351(3), 353(2) and
115 of the Bhartiya Nyaya Sanhita, 2023 on executing P.R. Bond of Rs. 25,000/- with one solvent surety in the like amount.
c] The applicant shall not induce threat or promise any witnesses who are acquainted with the facts of the case.
d] The applicant shall not indulge himself in similar type of the activities.
e] The applicant shall attend the proceedings before the trial Court without seeking any exemption unless there are exceptional circumstances.
Criminal application is disposed of.
[URMILA JOSHI-PHALKE, J.]