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Bombay High CourtABA/477/2025allowed

Meraj Husen Mo Istiaque Qureshi v. State Of Maharashtra

2025-08-04Hon'Ble Shri Justice R. N. Laddha4 pages

by CHITRA SANJAY SONAWANE Date:

2025.08.04 19:14:32 +0530 CHITRA SANJAY SONAWANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No. 667 of 2025 Altamash Mohammad Istiyaque Qureshi Aged about 30 years, Occ. Service, Resident at - Near Samaj Kalyan Hall, Opp Tanaji Malsure Chowk, Near D Block, Tata Nagar Zopadpatti, Govandi, Mumbai - 400 043.

... Applicant versus The State of Maharashtra At the instance of Deonar Police Station, Mumbai, C. R. No.313 of 2024.

...Respondent

with Anticipatory Bail Application No. 477 of 2025 Meraj Husen Mo. Istiaque Qureshi Aged about 23 years, Occ. Service, Resident at - Near Samaj Kalyan Hall, Opp Tanaji Malsure Chowk, Near D Block, Tata Nagar Zopadpatti, Govandi, Mumbai - 400 043.

... Applicant versus The State of Maharashtra At the instance of Deonar Police Station, Mumbai, C. R. No.313 of 2024.

...Respondent

---- Ms Jyoti Shahu, for the Applicants.

Mr Anand Shalgaonkar, APP, for Respondent / State. API Kailas Sonawane, Deonar Police Station, Mumbai.

Coram: R.N. Laddha, J.

Date: 4 August 2025 P.C.:

.

By these applications, the applicants seek pre-arrest bail in connection with CR No.313 of 2024, registered at Deonar Police Station, Mumbai, for offences punishable under Sections 307, 323, 324, 504 and 506(2) read with 34 of the Indian Penal Code.

2.

The prosecution alleges that on 20 March 2024, the applicants, along with the co-accused, assaulted the informant using a knife, bamboo sticks, punches and kicks, with intent to kill him and caused injuries.

3.

The learned Counsel appearing on behalf of the applicants, asserting the applicants' innocence, contends that the applicants have been falsely implicated in the crime. The injuries sustained by the informant are simple in nature. Further, the learned Counsel submits that the applicants have cooperated with the investigation, which is now complete, and nothing remains to be recovered or discovered from them. The applicants are ready to abide by any conditions this Court imposes if granted pre-arrest bail.

4.

At the outset, the learned Additional Public Prosecutor

representing the respondent/ State, on instructions from the investigating officer, who is present in the Court, fairly acknowledges that the applicants have cooperated with the investigation. He informs the Court that the investigation is complete and culminated in a charge sheet, which is submitted to the competent Court. The learned APP further states that there is nothing to be recovered or discovered from the applicants, and the prosecution does not seek their custody. 5.

Upon perusing the records, it appears that the alleged incident occurred in March 2024. The weapons allegedly used in the crime have been recovered. The investigation is complete, and a charge sheet has been filed. Additionally, the learned APP fairly concedes that the applicants have cooperated with the investigation, no further recoveries or discoveries are to be made at their behest, and the prosecution no longer seeks their custody. In these circumstances, this Court is inclined to exercise its discretion in favour of the applicants. Hence, the following order:

ORDER

(i) In the event of the applicants' arrest in CR No.313 of 2024, registered at Deonar Police Station, Mumbai, they shall be released on bail upon executing a PR

Bond of Rs.25,000/- each and furnishing one or more sureties in the like amount.

(ii) The applicants, themselves or through any other person, shall not tamper with the evidence or influence witnesses.

(iii) The applicants shall regularly attend and cooperate with the trial Court for the expeditious disposal of the case.

6.

The applications stand disposed of accordingly. (R.N. Laddha, J.)