Mumbai, January 19, 2024: The Sessions Court of Greater Bombay has rejected the bail application of Mohammed Kaif Abdullah Qureshi, accused in a serious assault case under C.R. No. 761 of 2023 registered at Bhandup Police Station. The order was pronounced by Additional Sessions Judge S.M. Tapkire (C.R.60) on January 16, 2024, citing the gravity of the allegations and the pending investigation.
Background of the Case
The incident took place on December 19, 2023, when the complainant, Amit Suresh Yadav, allegedly asked a juvenile, who is related to the accused, not to sit on his scooter. This led to a heated argument, following which the juvenile called Qureshi and other co-accused. Armed with iron rods and bamboo sticks, they reportedly assaulted Yadav and his companion, Kishan Nishad, causing serious injuries that required hospitalization at Sion Hospital.
Prosecution’s Stand
The prosecution, represented by Special Public Prosecutor S.V. Kekanis along with Manisha Parmar, strongly opposed the bail plea. The state argued that Qureshi was not only present at the crime scene but actively participated in the assault, wielding a bamboo stick to attack Nishad. The police also emphasized that an iron rod, allegedly used in the crime, had been recovered at Qureshi’s instance.
The prosecution further contended that Qureshi has a criminal record and a reputation for instilling fear in the local community, which could deter witnesses from coming forward. Additionally, they argued that the investigation was still ongoing and granting bail could allow the accused to influence the case.
Defense’s Argument
Advocate Rehman Khan, representing Qureshi, argued that his client was falsely implicated due to his relation with the co-accused. He pointed out that the primary allegations in the FIR were against other individuals, particularly Zuhar Aslam Shaikh and Shakib Ahmed. Khan also noted that the alleged weapons had already been recovered and claimed that Qureshi was unnecessarily taken into custody based solely on the statements of the co-accused.
Court’s Observations and Verdict
After reviewing the evidence and arguments, Judge Tapkire observed that the allegations against Qureshi were serious in nature. The court noted that the victims suffered significant injuries due to the assault, and the medical records corroborated their claims. Additionally, the judge considered the prosecution’s argument that Qureshi’s criminal background posed a risk to the case and local community.
Considering these factors, the court ruled that it would be inappropriate to grant bail while the investigation was still at an early stage. Therefore, the court rejected the bail application, stating that granting bail could hinder the ongoing proceedings.
Conclusion
With this order, Qureshi will remain in judicial custody as the investigation continues. The case highlights the importance of due legal scrutiny in violent offenses, ensuring that both the accused’s rights and the safety of the victims and witnesses are duly considered.