CNR No.

MHNS010021312022
Order below Exh.1 in Cri. Bail Application No.534 /2022
( Ansar Usman Shaikh applicant 1 & 2 Dastgir Usman Shaikh ­ Vs.
State )
This is an application for pre­arrest bail u/s. 438 of
the Cr.P.C. in C.R. No.89 of 2022 registered with Mumbai Naka
Police Station, Nashik u/ss. 326,324,323,504,506 r/w.34 of The
Indian Penal Code(IPC).
2.

The learned counsel Mr.F.A.Inamdar for the applicants
submits that, applicants are
concerned
with
alleged
innocent and they are not at all
commission
of
offence.

There
is
apprehension of their arrest. They are ready to abide by any of the
terms and conditions to be imposed by this Court. They have got
fix and permanent place of residence and undertake to cooperate
investigation.
3.

Learned APP Mr. R.M. Baghdane, by filing pursis
(Exh.8) adopted say (Exh.7) filed by Investigation officer (I.O.) and
strongly objected this application. I.O. is present alongwith police
papers.
4.

It is the case of prosecution that, on 01.04.2022 at
about 9.10 p.m., when informant Ashraf Anjum Makrani was in
queue at petrol pump for filling petrol, suddenly accused Zahid hit
him by key and he and
his brother Rameez beat
him,due to
which, he fell down from his motor­cycle. He sustained bleeding
injury on his head, near left eye­brow, on back. Thereafter, when
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he was leaving from petrol pump, both applicants abused him.
Ld. APP has opposed this application on the grounds that, offence
is serious in nature, weapon of the offence i.e. Fighter is yet to be
recovered though, it is not stated in the FIR. I.O., opposed this
application on the ground that, Sec.326 of IPC
has been added
latter on in said crime. Applicants may hamper or tamper
prosecution
witnesses
and
evidence,
and
investigation
is
incomplete.
5.

Perusal of record reveals that, offence is not punishable
with death or life imprisonment. Custodial interrogation of
applicants is not necessary on the grounds sought for by the
prosecution. Previously, ss. 324,323,504,506 r/w.34 were applied
thereafter Sec. 326 was added by I.O.

Two main accused are
already released on bail. Considering the role of the applicants,
nothing is to be recovered at their instance. Consequently, by
imposing
conditions,
investigation
can
be
carried
out.

Thus,apprehension in the mind of applicants of being harassed,
manhandled, and arrested seems to be reasonable,warranting pre­
arrest protection. In the result, I pass the following order.
ORDER
1.

This application stands allowed.

2.
In the event of arrest in C.R.89 of 2022 registered with
Mumbai Naka Police Station, Nashik u/ss. 326,324,323,504,506
r/w.34 of The Indian Penal Code(IPC), the police Inspector of the
concerned police station shall release applicants 1 Ansar Usman
Shaikh & 2 Dastgir Usman Shaikh, on bail on executing
personal bond of Rs.15,000/­ with one surety in the like
amount,each.

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Cri.Bail No./2021.

3.
The applicants shall not leave India without prior permission
of the Court.
4.
The applicants shall not tamper with the prosecution
witnesses.
5.
The applicants shall attend the police station on each Monday
for one month in between 11.00 a.m. to 1.00 p.m., or as and when
called by I.O. under prior written intimation.

Date :11.05.2022.

( S.T. Tripathi)
Additional Sessions Judge­7,
Nashik.