Cri.B.A.No.1091/2022 Order below Exh.01 in Cri.B.A.No.1091/2022
CNR No.MHNS010047142022

(Jabir Ismail Kureshi vs. State)

The applicant has preferred this application for anticipatory bail praying therein that he may be released on bail in the event of arrest in connection with CR.No.I­234/2022 registered with Nashik Road police station for the offence punishable under Sec.326, 324, 323, 504, 506, 143, 147, 149 of IPC, on the basis of FIR lodged by Anand Vijay Kapse.

2.Bail application is filed on the ground that the applicant is innocent and has been falsely implicated in the case. That the entire allegations are false. That the informant suffered simple injuries and offence u/s. 324 of IPC is not attracted. That co­accused are released on bail. That the applicant was never present on the spot and has not played any active role in the offence. That applicant’s relatives have sustained serious injuries at the hands of informant. Nothing is recovered or discovered at the instance of applicant. He is the only earning member in the family.

Investigation is practically over and custodial interrogation is not warranted. He is permanent resident of Nashik and will co­operate with investigation. He is ready to abide by all the terms and conditions which will be imposed by the court. On these main grounds and others has prayed for bail.

3.Notice was issued to State. State appeared through Ld. APP Mr. Kotwal and filed say resisting for grant of application on the grounds that motorcycle used in offence is to be seized. Bloodsample of accused are to be taken, clothes of the accused are to be seized and to send to laboratory. That informant and accused are Hindu­Muslim community, if released on bail, there will be law and order problem. Injury certificate is to be collected. The offence is serious one. There is possibility of pressurizing informant and witnesses. On these main grounds and others have prayed for rejection of the bail application.

4.Heard Ld. Advocate Mr.V.K.Rao for applicant. Perused bail application. Heard Ld. APP Mr.Kotwal. Perused police papers and say filed by Nashik Road police station.

5.It is the case of prosecution that the informant is dealing in business of ash. On 29.7.2022, in front of Dark India company, Shahabaj Kureshi requested the informant to allow his vehicle to pass the road, the informant denied his request. He slapped the informant. One Rustam Kureshi put the informant on the ground and assaulted him by stone. Furthermore, Rustam Kureshi sat on his chest with stone in his hand. The informant ran away and informed the incident to his uncle Shantaram Laxman Kapse who came to the spot. Thereafter, Jabbar Kureshi, Lukman Kureshi, Jabir Kureshi came on motorcycle. Jabir Kureshi and Lukman Kureshi assaulted informant on fist and kick blows. Rustam Kureshi assaulted Shantaram Kapse by koyata on his hand.

6.The role assigned to the present applicant is of giving slaps and fist and kick blows. The incident took place on 29.7.2022.

On inquiry with Investigating officer about medical certificate, he is submitted that the same is still not available. Ld. Advocate Mr.Rao has produced medical certificate of both informant and Shantaram Kapse, issued by Civil Hospital. He submitted that he has procured these certificates under Right to Information Act. On perusal of these certificates, the injuries to both the informant and Shantaram Kapse are simple in nature. Even, the prime accused persons are released on regular bail. Nothing is to be recovered or discovered at the instance of the applicant. Hence, discretion can be exercised in favour of the applicant on certain terms and conditions. Hence, I proceed to pass following order :

ORDER

(1). Application is allowed.

(2). In the event of arrest of the applicant Jabir Ismail Kureshi in connection with CR.No.I­234/2022 registered with Nashik Road police station for the offence punishable under Sec.326, 324, 323, 504, 506, 143, 147, 149 of IPC, on the basis of FIR lodged by Anand Vijay Kapse, the above named applicant be released on bail, on furnishing a PR and SB of Rs. 15,000/­ ( Rupees Fifteen Thousand only), with one surety of like amount on following conditions.

(a). He shall attend concern Police Station on every Monday between 11.00 a.m. to 1.00 p.m. till filing of the charge sheet.

(b). He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade them from disclosing such facts to the Court or to any police officer.

(c). Violation of any of the above mentioned condition, would result in cancellation of bail.

(3). Inform concerned police station accordingly.

VARDHAN Digitally signed by VARDHAN PRATAPRAO PRATAPRAO DESAI DESAI Date: 2022.09.14
17:57:46 +0530 Nashik. ( V. P. Desai) Date : 14.09.2022 Additional Sessions Judge, Nashik.