Order on Cri. Bail Appln No. 17 of 2024

IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT MUMBAI

CRIMINAL BAIL APPLICATION NO. 17 OF 2024 ( CNR NO.: MHCC02-000111-2024 )

Mr. Mohammed Kaif Abdullah Qureshi.
Age 21 years, Occ. – Nil.
R/at. Room No. 11, Millal Nagar, Durgah Cross Road,
Sonapur, Bhandup (West),
Mumbai – 400 078. …Applicant/Accused

V/s.

The State of Maharashtra, (At the instance of Bhandup Police Station vide C.R.No.761 of 2023) …Respondent/State.

Appearance:Ld. Advocate Rehman Khan for the applicant/accused. Ld. S. P.P. S.V.Kekanis a/w Manisha Parmar for the State/respondent. CORAM : H.H. THE ADDL. SESSIONS JUDGE S.M. TAPKIRE (C.R.60) DATE : 16.01.2024. ORDER

1.This is an application under Section 439 of Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C) in connection with the crime vide C.R. No. 761 of 2023 dated 20.12.2022 registered with respondent/state for the offences punishable under Sections 326, 324, 323, 504 and 506(2) of the Indian Penal Code, 1860.

2.The respondent/state has strongly opposed to the bail plea of the applicant on various grounds by filing written say at Exh – 3.

3.Having heard the rival parties and considered their submissions, grievances, objections coupled with documents placed reliance by them prima-facie inclined the impugned crime raised against
the applicant and three co-accused. It is alleged that the informant Amit Suresh Yadav on 19.12.2023 at about 8.30 p.m. has stated to coaccused juvenile in conflict with law who is relative of applicant not to
sit on his scooty vehicle.

Therefore, said Juvenile conflict in law has abused him and called the applicant and other co-accused. They came with deadly weapon iron rod and bamboo sticks and by using the same, raised attack on him. While attempted, to rescue him by his mother the applicant and co-accused have also assaulted to him by deadly weapon. Thereby the informant and his companion Kishan Nishad got injured and admitted in Sion Hospital. Against the applicant alleged that he had been to the spot of incident along with co-accused. He was having a bomboo stick and by it assaulted to the companion of informant namely Kishan Nishan on his leg.

4.The applicant has denied the entire allegations against him principally raised the plea of false implication. He submitted though he was not involved in impugned crime however, allegedly falsely shown his involvement and impugned crime. He is implicated in impugned crime just on account that he is being a relative of co-accused. In FIR substantial material allegations are just raised against the co-accused Zuhar Aslam Shaikh @ Juvel and Shakib Ahmed @ Lulla. The said bomboo stick and iron rod are already recovered and seized. He also raised the plea that against him no any plea, grievances raised in FIR. Even, against him no direct or indirect evidence is availed. Only relying on submission of arrested accused implicated him, and unnecessarily taken into custody. He also raised general grounds.

5.Per contra Respondent/State has vehemently opposed the bail plea of applicant by raising objection and principally submitted he his habituated to commit similar in nature offence.

At the time of alleged incident, the applicant had been at the spot of incident along with the co accused with iron rod and bamboo stick. He has assaulted on left side of neck of Kishan Nishad. Applicant is a main culprit and against him in regard to his participation, involvement and raising of attack on victim, sufficient evidence is availed. exhaustive investigation yet to complied.

Till now detail They also raised the general objections. They also raised general objection.

6.In above such circumstances, cautiously considered the entire material availed thereby prima-facie inclined in impugned crime the applicant and other three co-accused are involved. One of the involver is juvenile conflict with law. The applicant and co-accused Shakil @ Lulla are arrested after raising of impugned crime. The applicant is arrested on 24.12.2023. While investigation at his instance, the involved weapon iron rod has been discovered and seized at his instance.

Against him alleged that he has assaulted to the informant and injured witness by using deadly weapon iron rod and thereby seriously got injured to them. They both were hospitalised. His bail plea is rejected by Ld. Trial Court raised by the Bail Application No 423 of 2023 dated 29.12.2023 particularly on the ground that he is having criminal antecedent. He was main involver, culprit of impugned crime. He has raised attack by deadly weapon, iron rod. In that regard considerable evidence is availed. The investigation is at nascent stage, thereby would not be proper to have liberty to him.

Considered the same, coupled with grounds plea submission raised by the applicant and especially record material availed against him and serious in nature of allegations raised against him that he has raised attack by deadly weapons iron rod on informant and his companion witness and seriously got injured them. Even they both were admitted in civil hospital. Further considering medical testimonial availed by the respondent it shows certainly the informant and injured have caused cognizable considerable injuries. The material objection of respondent is that he is history sheeter and having terror personality of the vicinity of the incident of crime, thereby eye witness does not dare to give
statement or evidence against him.

Thus, considering above such eventuality, it is my considered view and opinion that until complete the
entire investigation would not be proper to have liberty to the applicant. With this, I passed the following order :

ORDER

1.The present Criminal Bail Application No.17 of 2024 is hereby rejected.

2.Dictated on Transcribed on Date of sign The respondent/state to take note of this order. (Dictated and pronounced in open Court) : 04.01.2024 : 16.01.2024 : 18.01.2024 (S.M. Tapkire) Addl. Sessions Judge
Sessions Court, Mumbai. C.R. 60 Order on Cri. Bail Appln No. 17 of 2024 5 CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER” 19.01.2024 at 12.10 p.m. UPLOAD DATE AND TIME Mrs. P.R.Wagh NAME OF STENOGRAPHER Name of the Judge (with Court HHJ SHRI.S.M.Tapkire,(C.R.No.60) Room No.) Judge.,City Civil & Sessions Court, Date of pronouncement of /Order 04.01.2024 Order signed by P.O. on 18.01.2024 order uploaded on 19.01.2024