High Court · 2024
Facts
IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABAD901 ANTICIPATORY BAIL APPLICATION NO. 795 OF 20251. Shaikh Anwar s/o Shaikh Hussain2. Amrin Shaikh MajedVERSUSThe State Of Maharashtra And AnotherMr. R. P. Patwardhan, Advocate for the ApplicantsMr. R. S. Wani, APP for the Respondent/StateCORAM: ADVAIT M. SETHNA, J.DATE: 19 JUNE 2025P. C. :-1.The Applicants have filed present Application for pre-arrestbail as they apprehend arrest. The Application relates to Crime No.0217/2024. The FIR is lodged on 17 August 2024 by Harsul PoliceStation, Aurangabad under Sections 109(1), 115(2), 352, 351(2) r/w3(5) of the Bharatiya Nyaya Sanhita (for short ‘BNS’).Case under FIR:-2.The date of the alleged incident is reported as 17 August2024 and the FIR is also lodged on the same date. On 16 August 2024 atabout 08.00 p.m. the Informant’s son, namely, Haris (age 8 years) andniece Taniya (age 11 years) were playing football on the front of herhouse. The said football had gone on Oota (platform) of the901.aba795.25.odt1 of 6 accused Shaikh Anwar, who started abusing the said children. When theInformant tried to explain to the accused he abused her. At that timeMrs. Amrin Shaikh came there and gave kicks and blows to theInformant. The Informant when make a phone call to her husbandShaikh Noor and called him at the spot (her house). That time the co-accused Shaikh Majed had threatened the Informant by saying “call yourhusband, today I will finish them”. After some time, at about 08.30 p.m.the informant’s husband Shaikh Noor came there on the motorcycle thattime Amrin Shaikh caught hold of the collar of Shaikh Noor and pulledhim down. Her husband, co-accused Shaikh Majed stabbed Shaikh Nooron his stomach with his knife. Due to that her husband Shaikh Noor felldown. Accused Shaikh Anwar caught the shoulder of her husband andbeat him. When the Informant and others others raised their objectionthe residence of locality, namely, Aakash Badode, Sultana Syed and SyedWahed recused the Informant and her husband. While leaving the spot,co-accused Majed Shaikh has again threatened the Informant and herhusband that if they come in their way, he will kill the entire family. Insuch circumstances, the Informant, namely, Shaikh Shabana Noor filedthe report on the basis of which the said FIR was lodged.Submissions:-3.Learned Advocate for the Applicants would first state that901.aba795.25.odt2 of 6 incident is dated 16 August 2024, whereas the FIR is lodged on 17August 2024 at 21.07 hours. Thus, there is an inexplicable delay inlodging the said FIR. He would then submit that as far as originalaccused No.1 that Shaikh Majed Shaikh is concerned, he has beenenlarged on bail by the Additional Sessions Judge, ChhatrapatiSambhajiangar, dated 16 December, 2024. According to him a bareperusal of FIR would reveal that there is no role attributed to theseApplicants so as to even prima facie invoke the said provision as allegedin the FIR. According to him the FIR would reveal that the injury inflictedcannot be attributable to these Applicants as the major role in thisregard was of accused No.1 who is enlarged on bail. Mr. Patwardhanwould submit that custodial interrogation in such facts and circumstancesis not warranted. He would accordingly pray that the Anticipatory BailApplication may be allowed.4.On the other hand, Mr. Wani, learned APP would vehementlyoppose the Anticipatory Bail Application. He would submit that theoffences in the present case are of serious nature. From the case diary,he would point out that the injury certificate dated 13 September 2024 inthe present case would reveal that the injuries are described as simple.It is not in dispute that such injuries were inflicted by original accusedNo.1 i.e. Shaikh Majed who is enlarged on bail. There are two eye901.aba795.25.odt3 of 6 witnesses as far as the incident is concerned. Thus, custodialinterrogation of the Applicant to assist the investigation, would berequired. According to him this is not a case where the Applicants shouldbe enlarged on anticipatory bail.Findings:-5.I have heard the learned Advocates for the Applicants andlearned APP for the State. With their assistance, I have perused therecord. On a perusal of the FIR, it is apparent that the quarrel took placeon 16 August 2024 as noted because of a football landing into the houseof Applicant No.1 while the children were playing football. This was atrigger which gave rise to a scuffle between the persons named in theFIR. During such scuffle, injuries were inflicted by the accused ShaikhMajed on the Informant. The FIR states that the sharp weapon i.e. knifehas been used, however, such injury is attributable only to said accusedand not to the Applicants in any manner whatsoever. It is unconvertedposition that the original accused No.1 i.e. Shaikh Majed has beenenlarged on bail by an order of the Addl. Sessions Judge dated 16December 2024. In my prima facie view, there is no specific roleattributed to these Applicants before the Court today, so as toprima facie invoke the provisions as alleged in the FIR against thepresent Applicants, more particularly under Section 109(1) of the BNS.901.aba795.25.odt4 of 6
Legal Reasoning
As far as other provisions are concerned, offences thereunder arebailable and non cognizable. It is pointed out to the Court there are nocriminal antecedents as far as the present Applicants are concerned.6.Considering the nature of accusations, factual complexionand upon a holistic consideration of the given facts and circumstances, inmy view no custodial interrogation of the Applicants is warranted. Thus,a prima facie case has been made out for grant of anticipatory bail.Accordingly following order would meet the ends of justice.ORDER(i)In the event of arrest of the applicants in connection withC.R. No. 217/2024 registered with Harsul Police Station,Dist. Chhatrapati Sambhajinagar for the offencespunishable under Sections 109(1), 115(2), 352, 351(2) r/w3(5) of the Bharatiya Nyaya Sanhita, the applicants aredirected to be released on bail on their furnishing PR bondin the sum of Rs. 20,000 (Rupees Twenty Thousand Only)each with one solvent sureties in the like amount.(ii)The applicants shall cooperate with the investigation. Theyshall attend the concerned police station on every Mondayat 11.30 am until further orders.(iii)The Applicants shall furnish details of residential addressand other contact details such as mobile number etc. to theconcerned police station. If there is any change in thecontact details, the same shall be immediately intimated tothe concerned police station. (iv)The Applicants shall not leave the jurisdiction of the Courtwithout prior permission/order of the Court, until further901.aba795.25.odt5 of 6
Decision
orders.(v)The Applicants shall not influence the witness/es and/ortamper evidence in any manner whatsoever.7.The Anticipatory Bail Application is allowed in above termsand disposed off accordingly. (ADVAIT M. SETHNA, J.)ssp901.aba795.25.odt6 of 6