CNR
No.

MHNS010029432022
Order below Exh. 1 in, Cri. Bail Application No. 732/2022
[Yakub Jumma Shaha ­ applicant (accused 3) 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.

The learned counsel Mr. R.D. Ahwad for the applicant
submits that, he is innocent person and has been falsely implicated due
to election and political rivalry. Nothing has been recovered at his
instance. Applicant is ready to abide by any of the terms and conditions
to be imposed by this Court. Section 307 is not attracted in this case. He
is 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,
multiple cases are pending against him in various police stations and
accused may abscond and hamper and tamper prosecution witnesses or
evidence. Informant in his say (Exh.8) also opposed this application on
above grounds. He has also filed an application(Exh.10)to state that,
applicant has been directed to maintain law
Application No. 1067/2021
and
order in Bail
by order dated 06.08.2021 passed by
Additional Sessions Judge­4, Nashik, In C.R. I­140/2021 of Bhadrakali
Police Station, Nashik.

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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. Applicant­Yakub,
Shaikh, Aatiq
Riyaj,
Firoz
@ 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,
applicant Yakub, Firoz and Aatif 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
applicant role is concerned, he hit him by
iron rod. Thus, omnibus allegations are made against him.
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. 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) have been released on bail
on 9.06.2022 and in Cri. Bail Application 725/2022 Riyaj Gayasoddin
Shaikh (accused 2) & Aatif Abdullatif Ansari (accused 5) have also
released on bail on 15.06.2022.
6.

Considering the alleged role played by the applicant 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
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Cri.Bail No..

of residence. Certain conditions may suffice the purpose. Consequently,
applicant deserve to be released on bail on above grounds as well as or
on the ground of parity. Pendancy of C.R. against the applicant cannot
operate as legal hurdle to release him on bail. Hence, the following
order.
ORDER
1.

This application stands allowed.

2.
Applicant (accused 3) Yakub Jumma Shaha 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.
3.
He shall not leave India without prior permission of the
Court.
4.

He shall not tamper with the prosecution witnesses.

5.
He shall furnish his proof of address of his residence and
contact numbers.
6.

Bail before Ld. J.M.F.C.

Date :17.06.2022.

( S.T. Tripathi)
Additional Sessions Judge­8,
Nashik.