Mumbai, February 11, 2022 – Tousif Aslam Afree @ Tousif Aslam Aari, a 21-year-old laborer, has been granted bail by the Sessions Court for Greater Bombay in a case involving grievous hurt. Additional Judge G.B. Gurao (Court Room No. 17) issued the order on February 8, 2022.
Afree was arrested in connection with C.R. No. 817/2021, registered at the Deonar Police Station, for offenses under Sections 326 (voluntarily causing grievous hurt by dangerous weapons or means), 323 (voluntarily causing hurt), and 504 (intentional insult with intent to provoke breach of the1 peace) read with 34 (acts done by several persons in furtherance of common intention)2 of the Indian Penal Code (IPC).
Background and Allegations:
On December 27, 2021, the complainant and his friends were chatting on a skywalk bridge in Govandi. When they came down, Afree allegedly prevented them from returning to the bridge and assaulted the complainant with a knife, causing grievous injury below the left rib. The complainant was hospitalized and discharged on January 10, 2022.
Arguments Presented:
Advocate M.S. Ahmed, representing Afree, argued that his client was innocent and falsely implicated. He stated that the major part of the investigation was complete, further custodial interrogation was unnecessary, and Afree was a permanent resident with a clear record. He requested bail, stating Afree was willing to abide by any imposed conditions.
Additional Public Prosecutor (APP) Ramesh Siroya opposed the bail, arguing that the offense was serious, Afree had caused grievous injury, and a Test Identification (T.I.) Parade was still to be conducted.
Court’s Reasoning and Decision:
Judge Gurao noted that Afree was arrested on December 30, 2021, and that there was no further recovery or discovery required from him. The court also observed that Afree was a permanent resident with a clear record.
The court stated that the mere fact that a T.I. Parade was to be conducted was not sufficient grounds to deny bail.
Considering the facts and circumstances of the case, the court concluded that Afree was entitled to bail.
Bail Conditions:
Afree was granted bail upon executing a personal bond of Rs. 20,000 with one or more sureties of the same amount. The following conditions were imposed:
- Afree must attend the Deonar Police Station as and when reasonably required by the investigating officer until further orders.
- He must not pressure prosecution witnesses.
- He must not commit any offense while on bail.
- He must furnish his correct address to the investigating officer.
- Afree was granted provisional cash bail of Rs. 20,000 for four weeks, during which he must provide a surety.
- Bail to be furnished before the Magistrate Court.
Order Details:
The order was dictated on February 8 & 9, 2022, transcribed on February 11, 2022, and signed on February 11, 2022. The certified copy was uploaded on February 11, 2022.
This decision reflects the court’s consideration of the progress of the investigation, Afree’s record, and the imposition of conditions to ensure his compliance with the legal process.