Shaikh Eajaj Alias Ajju Shaikh Gani v. The State Of Maharashtra
2025:BHC-AUG:33874
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD BAIL APPLICATION NO. 2186 OF 2025 SHAIKH EAJAJ ALIAS AJJU SHAIKH GANI
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr. V. D. Sapkal, Senior Advocate instructed by Mr. Sandip R. Sapkal and Mr. Yash A. Jadhav APP for Respondent : Mr. S. G. Sangale ...
CORAM : SACHIN S. DESHMUKH, J.
DATE : 04-12-2025 PER COURT:- 1.
The applicant seeks bail in connection with Crime No.0178 of 2025 dated 28.05.2025, registered with Paithan Police Station, District Chhatrapati Sambhajinagar, for the offences punishable under Sections 109, 118(1), 118(2), 189(2), 190, 191(1) and 191(2) of the Bharatiya Nyaya Sanhita, 2023.
2.
Heard the learned counsel for the applicant, the learned A.P.P. for the State. Perused the chargesheet made available. 3.
It is case of the prosecution that on 27.05.2025 at around 10.30 p.m. the informant while returning home was approached by three motorcycles, began chasing the informant and it is alleged that there were around eight unknown persons, one of them struck
the informant on his right hand. Due to which, the informant fell down. Thereafter, four to five persons assaulted the informant with iron rod and wooden sticks. Resultantly, the informant suffered several injuries and sustained fractures. After the alleged incident, the accused fled away from the spot. Accordingly, the first information report was lodged.
4.
Learned counsel for the applicant submits that after registration of crime on 28.05.2025, the chargesheet came to be filed on 06.09.2025. The applicant is not named in the first information report. Moreover, the applicant is in custody, as such, was available for investigation and resultantly now the chargesheet is filed. Hence, prayed to allow the application. 5.
Per contra, the learned A.P.P. submits that the act of all the accused is of serious nature and accused persons have rather actively and participated in the incident. Hence, prayed to reject the application.
6.
The offence has been registered against the unknown persons. In absence of specific role attributed to the applicant in the alleged incident, the further pre-trial custody of the applicant is not warranted. Moreover, the investigation of the crime is completed and the chargesheet has been filed. Thus, no fruitful purpose would be served by keeping the applicant behind the bars.
7.
Considering the nature of offences and prima facie evidence on record reveals that there is no motive attributable the applicant to participate in the alleged incident. Except the present first information report, the applicant has no criminal antecedents. Hence, the following order :
O R D E R
(i) Bail Application is allowed.
(ii) Applicant Shaikh Eajaj Alias Ajju Shaikh Gani, be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount in the above crime, on the conditions that;
(a) The applicant shall not tamper with the prosecution witnesses.
(b) The applicant shall remain present on each date, unless exempted by the trial Court.
(iii) Needless to states that the observations rendered herein are confined to present application, and the trial court shall not be influenced by the same.
[SACHIN S. DESHMUKH] JUDGE rrd