Shaikh Owais Shaikh Akram v. The State Of Maharashtra And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 21 CRIMINAL APPEAL NO. 25 OF 2025 SHAIKH OWAIS SHAIKH AKRAM

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Mr. V. C. Patil (Ashtekar), Advocate for Appellant Mrs. Vaishali Chaudhari Kutti, APP for Respondent State CORAM : Y. G. KHOBRAGADE, J.

Dated : 13th January, 2025 PER COURT :- 1.

Heard Mr. V. C Patil (Ashtekar), the learned counsel appearing for the applicant.

2.

Issue notice to the respondents, returnable on 23.01.2025. The learned APP waives service of notice on behalf of Respondent No.1 State.

3.

Investigating Officer to serve Respondent No.2/ informant under Section 15A of the SC & ST (Prevention of Atrocities) Act, 1989.

4.

The applicant/accused has prayed for ad interim anticipatory bail in Crime No.0248 of 2024 registered with Himayatnagar Police Station, Nanded for the offences punishable

under Section 296, 324(4), 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 read with section 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on ground of parity as per the anticipatory bail granted to coaccused (1) Rizwan Khan Mohammad Khan and (2) Shaikh Mushir Shaikh Masood in same crime, who have allegedly abused respondent No.2 on her caste and criminally intimidated, so also, broken the Gas Pipe of AC by throwing stone and parked vehicles in such a position that the informant and her family members cannot move form their house and cause obstruction. 5.

Considering the nature of the offence, the Applicant is entitled for ad interim anticipatory bail. Accordingly, I proceed to pass the following order:

O R D E R 1) In the event of arrest, the Applicant Shaikh Owais Shaikh Akram in Crime No.0248 of 2024 registered with Himayatnagar Police Station, Nanded, he shall be released on anticipatory bail on furnishing PR bond of Rs.25,000/- with two solvent sureties in like amount, till next date.

(ii) The Applicant shall attend Himayatnagar Police Station, Nanded on each Monday between 1.00 p.m. to 2.00 p.m. and shall cooperate with the Investigating Officer, till filing of the charge-sheet.

(iii) The Applicant shall not leave Himayatnagar Police Station area, without prior permission of the Investigating officer. (iv) The Applicant shall not issue any threat to any witnesses including the complainant/informant and shall not tamper with any evidence.

( Y. G. KHOBRAGADE, J. ) JPChavan