ARIF RAHIMUTULLA BEPARIVER v. THE STATE OF MAHARASHTRA

1 935.ABA-2293-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 2293 OF 2025ARIF RAHIMUTULLA BEPARIVERSUSTHE STATE OF MAHARASHTRA … Advocate for Applicant : Mr. Sagar P. Mahale h/f Mr. Shaikh Mazhar A. Jahagirdar APP for Respondents/State : Mr. R.K. Ingole… CORAM : MEHROZ K. PATHAN, J.DATE :18th FEBRUARY 2026PER COURT :1.Heard the learned Counsel for the Applicant and thelearned APP for the State.2.The Applicant has approached this Court, seekinganticipatory bail in connection with Crime No.598/2022 registeredwith Parner Police Station, District Ahilyanagar for the offencepunishable under Sections 307, 143, 147, 148, 149, 324, 323, 504,506, 427, 326, 34, 341, 504, 506 of the Indian Penal Code 1860 andunder Sections 37(1), 37(3), 135 of the Bombay Police Act, 1951.3.The case of the prosecution is that on 30.07.2022, AmolSuresh Andhale and Akshay Tukaram Karnade, members of BajrangDal, were informed by Abhijeet Chauhan, an animal welfare officer, 2 935.ABA-2293-2025.doc that on 29.07.2022 a Tempo bearing registration number MH-18-AA-316 was carrying animals for slaughter. Chauhan called his friendAkshay Karande, and together they went on a motorcycle (MH-16-BB-9553) to Ovalphata, Kalyan Road. He also contacted AmolAndhale, who arrived in a Scorpio Jeep (MH-14-J-1712). When theylocated the tempo, they attempted to stop it, but the driver did notcomply. They pursued the vehicle in the Scorpio and managed to stopit at Kasarephata. The driver, Shaharukh Shaikh, informed them thathe was transporting animals from Belhe to Jamkhed, DistrictAhmednagar. A motorcycle driven by Ashpak Pathan was travelingahead of the tempo. The informant instructed that the tempo betaken to the police station, and accordingly, the Takali-DokeshwarPolice Chauki intercepted and seized the vehicle along with theanimals..It is further alleged that, after they had stopped the vehiclein front of the Government Guest House at 10:30 p.m., a white Altocar with four occupants, including Sohail Budhan and Arif, assaultedtheir vehicle using iron rods and sticks. The informant sustained aninjury to his left hand from a stick. Akshay managed to run awayfrom the spot, whereas Amol Andhale was assaulted by two of theaccused. When they raised an alarm, the accused threatened thatthey would not leave them alive. Amol Andhale fell unconscious. Hewas taken to the Multi-Specialty Hospital at Takali-Dhokeshwar andlater shifted to Ahmednagar. Consequently, a report was lodgedagainst Ashpak Pathan, Safik Shaikh, Faiyaz Bhai, another individualnamed Ashpak, as well as Sohail and Arif. 3 935.ABA-2293-2025.doc 4.The learned Counsel for the Applicant submits that theApplicant has been falsely implicated in the present crime. At themost, the allegations in the FIR state that the Applicant was riding aUnicorn motorcycle as a pillion rider along with one Sohail. Thecomplainant has alleged that he was assaulted by persons traveling inan Alto car. The Applicant was not in the Alto car but is alleged onlyto have been riding the motorcycle. The complainant, though notacquainted with the Applicant, mentioned his name solely on thebasis of the statement of driver Shahrukh, as recorded in the FIR.However, the statement of driver Shahrukh was not recorded by theInvestigating Officer during the investigation, nor does it find placein the charge-sheet filed against the arrested accused Sohail andAshpak. The Applicant is not having any criminal antecedents and isready to abide by any conditions that may be imposed by this Court.The Applicant may therefore be released on anticipatory bail. 5.As against this, the learned APP strongly opposes thepresent application on the ground that the incident occurred in 2022.The Applicant has been absconding since the date of registration ofthe offence. The Applicant is alleged to have played an importantrole in the assault upon the complainant and the other personsaccompanying him, including Amol, who sustained injuries in theincident. The accused persons are alleged to have used dangerousweapons to cause grievous hurt to the injured witness Amol. Theinjury certificate of Amol shows that he sustained one grievous injuryand two simple injuries. The grievous injury was inflicted on a vital 4 935.ABA-2293-2025.doc part of his body. The statements of the complainant and thewitnesses, recorded under Section 164 of the Code of CriminalProcedure, reiterate the allegations made in the FIR. Furthermore,the CCTV footage panchanama also captures the assault on thecomplainant and the injured witnesses. 8.I have gone through the charge-sheet filed against thearrested accused, annexed along with the application, as well as theinvestigation papers made available by the learned APP. A perusal ofthe investigation papers shows that the allegations in the FIRregarding the assault pertain only to the persons who had come inthe Alto car. The Applicant is alleged to have been riding a Unicornmotorcycle as a pillion rider along with one arrested accused, Sohail.The CCTV footage panchanama does not show that the persons whoarrived on the motorcycle assaulted the complainant or the injuredwitness. On the contrary, the transcript panchanama indicates thatthe persons who alighted from the Alto car assaulted the complainantand the injured witness with sticks and iron rods. The CCTV footagepanchanama does not disclose any overt act attributable to thepersons riding the motorcycle. Further, the investigation papers donot contain the statement of witness Shahrukh Shaikh, who ismentioned in the FIR to have identified the Applicant. Thestatements of the complainant and other eyewitnesses also do notattribute any direct role to the Applicant in assaulting thecomplainant or the victim, or in damaging or ransacking thecomplainant’s vehicle. 5 935.ABA-2293-2025.doc 9.Be that as it may, these observations are prima facie innature and are made only with the intention of deciding the presentapplication. The same shall not influence the trial Court. Taking intoconsideration the nature of the allegations and the role of the presentApplicant, which is not clearly made out from the charge-sheet or theinvestigation papers submitted by the prosecution, I am inclined toprotect the Applicant in exercise of powers under Section 482 of theBNSS. However the observations made herein are prima facie with apurpose to decide the application, the same may not influence thetrial Court. Hence the following order :ORDER(i)In the event of arrest of the Applicant - Arif RahimutullaBepari in connection with Crime No.598/2022 registered with ParnerPolice Station, District Ahilyanagar for the offence punishable underSections 307, 143, 147, 148, 149, 324, 323, 504, 506, 427, 326, 34,341, 504, 506 of the Indian Penal Code 1860 and under Sections37(1), 37(3), 135 of the Bombay Police Act, 1951, he be released onbail on furnishing P.R. bond of Rs.50,000/- (Rupees Fifty Thousands)with two solvent sureties in the like amount, on the followingconditions :(a)The Applicant is directed to attend Parner Police Station,District Ahilyanagar on 24th 25th of February, 2026 and 2nd 3rd 9th and10th March of 2026 between 11:00 am. to 01:00 pm. and thereafteras and when called by the Investigating Officer till filing of thecharge-sheet against the Applicant and co-operate with theInvestigating Officer. 6 935.ABA-2293-2025.doc (b)The Applicant shall not to threaten the witnesses or thecomplainant.(c)The Applicant shall attend the trial on each and every dateunless so exempted by the trial on emergency conditions.(d)The Applicant shall submit his Aadhar and PAN Cards to theInvestigating Officer and detailed addresses and phone numbers ofhimself and two of the near relatives.(e)A single violation of the aforesaid conditions, would entitle theprosecution to seek cancellation of bail of the present Applicant.(ii)With the aforesaid directions, the application is disposed of. MEHROZ K. PATHAN JUDGENAJEEB..