MHNS010050422022 Order below Exh.1 in Criminal Anticipatory Bail Application No.1172/2022

1.This is an application filed by applicants (1) Ayaz Hafiz Pirzade and (2) Shadab Sadiq Pirzade for anticipatory bail under section 438 of Cr.P.C. in C.R.No.I­276/2022 registered against applicant at Bhadrakali Police Station for the offence punishable under sections 326, 324, 323, 504, 506 r/w section 34 of the Indian Penal Code.

2.In short it is the case of prosecution that complainant returned home in his four wheeler. He saw that two rickshaw were parked and he wanted to park his car. Accused no.1 to 3 were waiting near the Auto Rickshaw so he told them to park the auto rickshaw on the side as he wanted to park his vehicle. Complainant parked his vehicle from the behind and was walking towards his house. At that time accused no. 1 to 3 in connivance with each other came near the complainant and started abusing him in filthy language, assaulting him by fist and kick blows and threatening him of his life. Accused no.1 by stone assaulted the complainant on his head and caused grievous injury. Whereas accused no.

2 assaulted him by wooden stick on his back and other places and cause injury. Accused no. 3 assaulted him by fist and blow, abused him and threatening him. Hence, he has lodged the complaint.

3.It is submitted by the applicants that applicant no. 1 has no concern with the offence. He was not present at the spot. Merely because applicant is the brother of co­accused he has been falsely implicated. Complainant had consumed liquor started fighting when applicant no. 2 went to separate them he has been assaulted and falsely implicated.

Applicant no. 2 and 3 had taken treatment at Gangapur Speciality Hospital. Applicant no. 1 has been falsely implicated so he went to the police station and lodge the report. Applicant no. 3 has lodged the complaint against complainant and his two sons at Bhadrkali police station bearing C.R. No. 277/2022. Applicant no. 1 and 2 have no criminal antecedents. Nothing has to be recovered from him. They are ready to abide by the terms and conditions, hence prayed that pre­arrest bail application be granted.

4.Say was called of investigating officer. He has objected this application on the count that, as accused have committed offence with stone and wooden sticks. They have created terror in the society. If they are released on bail they will again commit serious offence with the complainant and witnesses. Clothes and blood samples have to be seized and if bail is granted they will abscond. They will threaten the witnesses.

Hence, prayed that application be rejected.

5.Heard Ld. Advocate for the applicant and Ld. APP for the State. It is argued by the Advocate for the accused that accused are falsely implicated. Nothing has to be recovered. Accused no. 1 has already surrendered. There was quarrel on the spur of moment due to which incident occurred and counter complaint has been filed on that behalf.

The nature of injury by the applicants is by sticks and fist and blow.

Applicants are businessmen, hence, prayed that bail be granted. In support of his contention he relied upon
(1) Amit Raikar Vs. State of Goa, Reported in 2016 ALL M R (Crimes) 268 wherein court has held that apprehension of the I.O. that if accused is released on bail he will threaten the witnesses and it will
become very difficult to trace and arrest his associates.

(2) Amit Vs. State of Haryana. Reported in 2019 (3) LAW Herald 2663 wherein the Hon’ble Court has held that when FIR does not specifically show that it is the petitioner who has caused grievous injury although he specifically name in the FIR.

Perused both the citation. However, they are not applicable to the facts of the case as specific allegations are made against the applicants.

6.On perusing the FIR it is seen that all the three accused in connivance with each other have assaulted the complainant. Accused no. 1 has assaulted the complainant with stone on his head. Whereas accused no. 2 has assaulted the complainant on his back and other places by wooden stick and accused no. 3 has assaulted the complainant by kick and blows and threatened him to kill. It is seen that accused no. 1 Mujjamil has been arrested and is taken in MCR. It also appears that counter complaint has been filed by accused Mujjamil on the same day against the complainant that he has assaulted him on his head with wooden stick.

7.On perusing the case papers it is seen that there is a certificate of Civil Hospital Nashik which reflects that there is simple injury. Whereas medical certificate given by Suvichar Hospital reflects that the injuries are grievous in nature. In such circumstances it appears that complainant has sustained fracture of nasal bone and fracture R­1 maxila, multiple CLW scalp and forehead. Thus, it cannot be said that the injuries sustained by the injured were not caused by present applicants.

Complainant and the accused are resident of same vicinity. There is every possibility that witnesses will be threaten. Recovery has to be made of the clothes and blood stains. Considering the nature of offence with which applicants are charged is punishable with life imprisonment. Detail investigation is essential. Nothing has been brought to reflect that injuries were not caused by the applicants. There was unlawful assembly of the accused for committing the offence for which investigation is necessary.

8.No case has been made by the applicants to hold that they have been falsely implicated in the present case. The grounds are not made to consider the present application. Hence, I proceed to pass following order :­

ORDER

Application is hereby rejected.

Digitally signed by VAISHALI VAISHALI S S MALKALPATTEREDDY MALKALPATTEREDDY Date: 2022.10.03 19:05:42 +0530 Nashik. (V.S.Malkalpatte­Reddy) Date : 01/10/2022. Additional Sessions Judge, Nashik.