Mumbai, February 13, 2024: In a recent development, the Mumbai Sessions Court granted bail to Gullesh Mohd. Aarif Qureshi, an 18-year-old resident of Mumbai, who is implicated in a serious assault case under Criminal Case No. 922 of 2023. The case involves a group assault incident in which Qureshi and others allegedly attacked several individuals, causing injuries and threats within a local residential area. Additional Sessions Judge Dr. Gauri Kawdikar issued the bail order with specific terms and conditions to ensure compliance and protect the safety of the witnesses.
Background of the Case
The incident took place on two separate occasions in October 2023. On October 16, 2023, an initial altercation occurred when Qureshi, along with others, reportedly confronted Zainab, the cousin of the complainant, over her communication with a friend named Farhan Mansuri. The confrontation escalated, with Qureshi and his associates allegedly assaulting Zainab’s family members. Days later, on October 19, 2023, the group, armed with various weapons, is alleged to have forcibly entered the home of the complainant, inflicting injuries on several individuals.
During the attack, the complainant and his mother were assaulted, and another resident, Afroz, suffered a sharp injury to his back. The violence caused widespread panic in the neighborhood, leading shop owners to shut their doors and nearby residents to flee.
Prosecution’s Argument Against Bail
The prosecution argued that Qureshi has a history of violent behavior and poses a risk of reoffending if released. The prosecution cited a pending case (C.R. No. 218/2023) involving charges of assault and intimidation under the Indian Penal Code and the Bombay Police Act. The prosecution expressed concerns that Qureshi’s release could lead to further intimidation of witnesses and potential tampering with evidence. Additionally, they noted that other defendants in the case remain absconding, complicating the investigation and raising concerns about Qureshi possibly evading future legal proceedings.
Defense’s Plea for Bail
The defense, led by Advocate Rahul T. Ingole, argued that Qureshi had already spent several months in custody and that the investigation was complete, with a charge sheet already filed. They contended that he was not the primary offender in the case and that the alleged weapon, a sword, was not recovered from him. The defense also highlighted Qureshi’s youth, permanent residence in Mumbai, and his willingness to abide by court conditions, emphasizing that continued detention was unnecessary.
Court’s Decision and Reasoning
Judge Kawdikar considered both the prosecution’s concerns and the defense’s arguments, ultimately deciding in favor of bail. Key factors in the court’s decision included:
- Age and Residency: Qureshi is 18 years old and a permanent resident of Mumbai, reducing the risk of him absconding.
- Lack of Recovered Weapon: Although the prosecution alleges Qureshi used a sword in the assault, no weapon was recovered from him, weakening the evidence against him at this stage.
- Completion of Investigation: With the charge sheet filed and investigations concluded, the court deemed extended detention unnecessary.
- Conditions for Bail Compliance: To mitigate potential risks, the court imposed strict conditions on Qureshi to ensure that he would not engage in further criminal activities or interfere with witnesses.
Bail Conditions Imposed
Judge Kawdikar outlined several specific conditions for Qureshi’s release:
- Monetary Surety: Qureshi is required to post a bond of ₹25,000, along with sureties of an equivalent amount.
- Periodic Police Station Attendance: Qureshi must report to Shivaji Nagar Police Station on the first Sunday of every third month from 7:00 a.m. to 8:00 a.m. until the completion of the trial.
- Non-Interference with Witnesses: He is prohibited from contacting or intimidating any witnesses involved in the case.
- Residence and Travel Restrictions: Qureshi is barred from leaving India without prior court approval and must notify authorities of any changes in residence.
- No Future Offenses: He is instructed not to engage in any criminal activity while out on bail.
Implications and Broader Impact
This case underscores the legal system’s balancing act between granting bail to prevent unnecessary detention and safeguarding public order. The judge’s decision to release Qureshi with conditions reflects an approach designed to facilitate rehabilitation while ensuring accountability and preventing further violence.
The community’s response to the incident, marked by fear and alarm, highlights ongoing concerns about safety in areas where violence can rapidly escalate. Law enforcement has been urged to track down the remaining suspects to address the community’s security concerns and hold all responsible parties accountable. This case also raises broader questions about youth involvement in violent activities and the effectiveness of rehabilitation within the judicial system.
