CNR
No.
MHNS010025972022
Order below Exh. 1 in, Cri. Bail Application No. 725/2022
[Riyaj Gayasoddin Shaikhapplicant 1(accused 2) and Aatif Abdullatif Ansari
applicant 2(accused 4) Vs. State ]
This is first application for bail u/s. 439 of the Cr.P.C.
upon filing of chargesheet in R.C.C. 596 of 2022, C. R.I 58 of 2022
registered with Bhadrakali Police Station, Nashik u/ss. 307, 143, 147,
148, 149,504,506 of The Indian Penal Code(IPC) and u/s.135 of The
Bombay Police Act,
2.
submits
The learned counsel Mr. J.S. Shaikh for the applicants
that, they are
innocent person and have been falsely
implicated due to election and political rivalry. Applicants are ready to
abide by any of the terms and conditions to be imposed by this Court.
Section 307 is not attracted in this case. They are arrested on
08.03.2022 and till today they are in judicial custody. The injured has
been already recovered and discharged from the hospital and as such
there is no danger to his life. Now, the investigation is completed and
chargesheet has been filed.
3.
Learned A.P.P. Mr. R.M. Baghdane, by filing pursis (Exh.5)
adopted say filed by Investigating officer (I.O.) (Exh.4.) and strongly
objected this application. Learned A.P.P opposed this application on the
grounds that, offence is serious, accused has been named in the FIR and
accused may abscond and hamper and tamper prosecution witnesses or
evidence.
4.
Perused record. Prosecution’s case is that, accused 1 Samir
on pretext of demanding money concerning election, called informant
on phone near Nanavali Masjid with intention to kill him. Samir
Badshaha took out knife and threatened to kill informant Samir and
struck him with knife on his head. Accused 2 Riyaj, Yakub Shaha, Firoz
..2..
Shaikh, accused 4Aatiq @ Gendya Ansari, Shadab, Imran Kureshi who
were alongwith him held glass bottle iron rod and wooden logs in their
hands which were concealed by them, Riyaj struck glass bottle on his
head, Yakub Shaha, Firoz Shaikh and Aatif Ansari hit him by iron rod on
his hands and legs, Shadab, Imran Kureshi hit him by wooden log on his
back. Thereafter, he was pacified by persons who were present there
from their hands. Thus, as far their role is concerned, applicant 1 hit
him by glass bottle and applicant 2 hit by iron rod. Thus, omnibus
allegations are made against them.
5.
Perusal of medical certificate dated 7 th March reveals
that,informant sustained one CLW on partial occipital region, though he
has been allegedly attacked by many accused persons by holding above
lethal weapons in their hands. No other medical certificate is produced
on record. Chargesheet has been filed in the present case,after
completion of investigation. Thus, investigation has been completed.
Injured is out of hospital. In Criminal Bail Application 665 of 2022,
Firoz Gayasuddin Shaikh(accused 4) & Imran Salim Kureshi @ Goswala
(accused 6)shall be released on bail on 9.06.2022.
6.
Considering the alleged role played by the applicants and
nature and number of injuries sustained by the informant, no purpose
would be served by keeping the applicants behind the bar for indefinite
period. Offences alleged are not punishable with death or life
imprisonment conjunctively. They have got fixed and permanent place
of residence. Certain conditions may suffice the purpose. Consequently,
applicants deserve to be released on bail on above grounds as well as or
on the ground of parity. Hence, the following order.
..3..
Cri.Bail No..
ORDER
1.
This application stands allowed.
2.
Applicant1(accused 2) Riyaj Gayasoddin Shaikh and
applicant 2 (accused 4)Aatif Abdullatif Ansari shall be released
on bail, in R.C.C. 596 of 2022,C.R. in C.R.I 58/2022 registered
with Bhadrakali police station, Nashik u/s. 307, 143, 147, 148,
149,504,506 of The I.P.C. and u/s.135 of The Bombay Police Act,
on executing personal bond of Rs.25,000/, with one surety in
the like amount, each.
3.
They shall not leave India without prior permission of the
Court.
4.
They shall not tamper with the prosecution witnesses.
5.
They shall furnish their proof of address and contact
numbers.
6.
Bail before Ld. J.M.F.C.
Date :15.06.2022.
( S.T. Tripathi)
Additional Sessions Judge8,
Nashik.