Mumbai, Maharashtra – April 22, 2022 – Five men, Mohd. Nasir Mohd. Usman Shaikh, Mohd. Nisar Kadir Shaikh, Mohd. Arshi Kadir Shaikh, Aliraja Hasan Tahir Shaikh, and Mohd. Akhil Mohd. Kalim Shaikh, have been granted bail in connection with a protest that turned into a mob gathering outside Agripada Police Station in Mumbai. The Additional Sessions Judge, R.J. Katariya, of the Sessions Court for Greater Bombay, approved their bail application (Bail Application No. 860 of 2022) in C.R. No. 94 of 2022.

Background of the Case:

The case arose following the death of a minor girl, whose body was found at Classic Tower in Mumbai on March 30, 2022. An Accidental Death (A.D.) report was registered at Agripada Police Station. Relatives of the deceased gathered outside the police station on April 1, 2022, demanding the registration of a murder and rape case.

Allegations and Arrest:

According to the prosecution, the gathering of 35-40 people turned into an unlawful assembly, with participants shouting slogans, honking vehicle horns, and obstructing road traffic. The police alleged that the mob abused and attacked police personnel, interfering with their duties. The five applicants, along with co-accused, were subsequently arrested on April 2, 2022, and charged under Sections 143 (unlawful assembly), 147 (rioting), 149 (unlawful assembly with common object), 341 (wrongful restraint), and 353 (assault or criminal force to deter public servant from discharge of his duty)¹ of the Indian Penal Code,² as well as Section 37(3) read with 135 of the Maharashtra Police Act.

Defense Arguments:

Mr. Ganesh Waghmare, representing the applicants, argued that they were falsely implicated in the crime and had not committed the alleged offenses. He stated that the applicants were willing to abide by any conditions imposed by the court and requested bail.

Prosecution’s Counter-Arguments:

Ms. Ashwini Rayakar, the Additional Public Prosecutor (APP), opposed the bail application, arguing that the applicants were identified in CCTV footage of the incident and had interfered with the duties of police personnel. She also stated that the investigation was in its initial stages.

Court’s Observations and Decision:

Judge Katariya, after considering the arguments and the case record, noted that the gathering had occurred due to the relatives’ insistence on justice for the deceased girl. The court also observed that the applicants had been in custody since April 2, 2022, and that except for Section 353 of the IPC, the other offenses were bailable.

The court concluded that granting bail with suitable conditions would not prejudice the prosecution.

“Considering the matter there would not be prejudice to the prosecution if suitable conditions are imposed while granting bail to the applicants,” Judge Katariya stated in his order.

Bail Conditions:

The court granted bail to the five applicants, subject to the following conditions:

• They must each furnish a Personal Recognizance (PR) bond of Rs. 15,000 with a surety of the same amount.
• They must cooperate with the investigation and attend Agripada Police Station as required by the Investigating Officer.
• They must not commit any other or similar offense.
• They must provide photocopies of their Aadhaar cards and documents proving their permanent and temporary residential addresses.
• They are allowed provisional cash bail for six weeks.
• The bail must be furnished before the concerned Metropolitan Magistrate Court.

Significance of the Ruling:

This ruling highlights the court’s consideration of the circumstances surrounding the protest, the nature of the offenses, and the duration of the applicants’ custody. It also underscores the court’s willingness to grant bail with conditions when the majority of the offenses are bailable and the prosecution’s case is not significantly prejudiced.

Key Factors in the Bail Grant:

• The context of the protest, related to the death of a minor girl.
• The bailable nature of most of the offenses.
• The duration of the applicants’ custody.
• Conditions to ensure cooperation with the investigation and prevent further offenses.

Future Proceedings:

The investigation in the case will continue, and the prosecution will be required to prove the charges against the applicants and co-accused in the trial court. The court will monitor the applicants’ compliance with the bail conditions.