Asif Farid Shaikh And Others v. The State Of Maharashtra
2025:BHC-AUG:15851
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 914 BAIL APPLICATION NO. 769 OF 2025 ASIF FARID SHAIKH AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr. Shaikh Md. Aamir Abdul Qadir APP for Respondent/State : Mrs. A.S. Mantri ...
CORAM :
ARUN R. PEDNEKER, J.
DATE :
24/06/2025 P.C. :
1.
Heard the learned counsel for the applicants and the learned APP for the respondent-State.
2.
The applicants are seeking bail as he was arrested in connection with Crime No. 78/2025 dated 21.2.2025 registered with Pachod Police Station, Chh. Sambhajinagar (Rural) for the offences punishable under sections 109, 352, 191(3), 191(2), 190, 189(2), 118(2), 118(1), 117(2), 115(2), 351(3) of B.N.S. 2023.
3.
On perusal of the police papers, it appears that there has been fight between the two groups in which large number of people were involved from both the sides. Crime is registered against 20 accused from the side of applicants and in cross FIR filed by the side of applicants, there are six accused.
4.
The learned counsel for the applicants submits that various accused persons in the instant case were granted anticipatory bail by order of this Court dated 3.4.2025 in ABA No. 393/2025 and other connected matters and the present applicants are arrested on 28.3.2025 and since then they
are behind bars. The learned counsel further submits that investigation in the matter is almost completed and the injuries caused to the injured are simple in nature. The learned counsel therefore prays for grant of regular bail to the applicants.
5.
Per contra, learned APP points out that one grievous injury is caused, however, other injuries are simple in nature. The learned APP submits that investigation in the matter is in progress, as such, the bail application of the present applicants be rejected.
6.
Considering overall conspectus of the matter, it appears that there is fight between the two groups. The learned APP has not disputed that the weapons are recovered at the instance of the applicants. One grievous injury is caused, but it was not on the vital part of the injured. From perusal of the police papers, at this stage, it could not be ascertained who are the aggressors. The investigation in the matter is substantially progressed. Weapons are recovered at the instance of the applicants. Considering all above, I hold that no purpose would be served by keeping the applicants behind bars, as such, bail can be granted to the applicants. 7.
In view of the above, the application is allowed in the following terms :
a] The applicants shall be released on bail in connection with Crime No. 78/2025 dated 21.2.2025 registered with Pachod Police Station, Chh. Sambhajinagar (Rural) for the offences punishable under sections 109, 352, 191(3), 191(2), 190, 189(2), 118(2), 118(1), 117(2), 115(2), 351(3) of B.N.S. 2023, on furnishing PR bond of Rs.20,000/-, each, with one or two sureties in the like amount to the satisfaction of the trial Court.
b] The applicants, upon being released on bail, shall not contact the informant, in any manner whatsoever, during the pendency of the trial.
c] The applicants shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court, for reasons to be recorded in writing.
d] The applicants shall not tamper with the evidence of the prosecution and he shall not influence the informant, witnesses and other persons concerned with the case.
e] The applicants, upon being released on bail, shall place on record of the trial Court the details of his Contact Number and residential address with updates in case of any change. 8.
Needless to say, in case of violation of any of the aforesaid conditions, the bail granted to the applicant shall be liable to be cancelled. 9.
It is also clarified that the observations made in this order are limited to the disposal of the present bail application. The concerned Court shall proceed further in the matter without being influenced by the observations made hereinabove.
10.
The application stands disposed of.
[ARUN R. PEDNEKER, J.] SSC/