Anwar Hussain Mehammod Hussain v. State Of Maharashtra Thr Pso Ps Kotwali Tq And Dist Amravati
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION [ABA] NO. 356 OF 2025.
Anwar Hussain Mehammod Hussain -VERSUSState of Maharashtra.
Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.
Shri P.R. Agrawal, Advocate for the Applicant. Ms. P. Joshi, A.P.P. for the Non-applicant.
CORAM : ROHIT W. JOSHI, J.
DATE : MAY 19, 2025.
Heard.
2.
The present application is filed seeking anticipatory bail in relation to First Information Report No.0126/2025 registered on 05.04.2025 with Kotwali Police Station, District Amravati for the offence punishable under Sections 25, 27 and 3 of the Arms Act, 1959 and Sections 109, 296, 3[5] and 329[3] of the Bhartiya Nyay Sanhita, 2023 (BNS). The learned Counsel for the applicant has pointed out that three persons have been arrested in
relation to the aforesaid offence. He states that the arrested persons have taken name of the present applicant, and on this count there is apprehension of applicant being arrested in the said offence. 3.
Perusal of the first information report indicates that three unknown persons had entered the shop of the informant on 04.04.2025 at about 19.40 hours, making enquiry with the brother of the informant. It is alleged that one of the applicant had fired one round from the country made pistol. On the basis of the said first information report, an offence came to be registered against three unknown persons.
4.
Perusal of the reply dated 28.04.2025 filed by the prosecution in Criminal Bail Application No.325/2025 i.e. the application for grant of anticipatory bail filed before the learned Sessions Court, that the said three persons who had entered the shop, have been identified and arrested. It appears that the arrested persons have named the
applicant. The learned Additional Sessions Judge, (Court No.4), Amravati has rejected the application for grant of anticipatory bail vide order dated 15.05.2025.
5.
Perusal of the order as also the reply, does not demonstrate any specific role to the applicant. The pistol used in the crime is stated to have been recovered. In that view of the matter, I am inclined to grant ad-interim protection to the applicant till the returnable date. Hence the following order.
6.
Issue notice to the non-applicant, returnable on 09.06.2025. Learned A.P.P. waives notice for the non-applicant.
7.
In the meanwhile, in the event of arrest of the applicant - Anwar Hussain Mehamood Hussain in relation to the First Information Report No.0126/2025 registered on 05.04.2025 with Kotwali Police Station, District Amravati for the offence punishable under Sections 25, 27 and 3 of
the Arms Act, 1959 and Sections 109, 296, 3[5] and 329[3] of the Bhartiya Nyay Sanhita, 2023 (BNS), he be released on bail on furnishing P.R. bond in the sum of Rs.25,000/- with one surety in the like amount.
8.
The applicant shall appear before the investigating officer every alternate day between 3 to 6 p.m. and shall not leave Amravati District without prior intimation to I.O.
JUDGE Signed by: R.G. Dhuriya (RGD) Designation: PS To Honourable Judge Date: 19/05/2025 17:05:34