Mumbai, Maharashtra – April 8, 2022 – Abrar Ahmed Mohdmunazar Husain Shaikh, a 55-year-old Mumbai resident, has been granted bail by the Sessions Court in Greater Bombay in connection with a protest that erupted outside the Agripada Police Station. The protest followed the discovery of a minor girl’s body in a nearby building, and Shaikh was arrested for his alleged involvement in the demonstration.

The case, registered as C.R. No. 94 of 2022 at the Agripada Police Station, charged Shaikh and others under sections 143, 147, 149, 341, and 353 of the Indian Penal Code (IPC), as well as section 37(3) read with 135 of the Maharashtra Police Act. These sections pertain to unlawful assembly, rioting, wrongful restraint, assault or criminal force to deter a public servant from discharge of his duty, and violations of police orders.

Background of the Incident:

On March 30, 2022, Agripada Police Station registered an Accidental Death (A.D.) report regarding the death of a minor girl whose body was found at Classic Tower, B Wing, Dr. Anandrao Nair Marg, Mumbai. As investigations were underway, relatives of the deceased gathered outside the police station on April 1, 2022, at approximately 6:50 PM. They demanded the registration of a murder and rape case.

According to the police report, the gathering, comprising 35-40 people, turned into an unlawful assembly. They allegedly shouted slogans, honked vehicle horns, and abused police personnel. API Krishna Tripal Ramteke, the informant, stated that the crowd blocked road traffic and some individuals attempted to attack the police, obstructing them from performing their duties. Consequently, a crime was registered against Shaikh and other co-accused.

Arguments Presented:

Mr. P. S. Singh, the advocate representing Shaikh, argued that his client was falsely implicated in the crime and had not committed the alleged offenses. Shaikh was arrested on April 2, 2022, and remained in police custody until April 4, 2022, after which he was remanded to judicial custody. The defense argued that Shaikh was willing to abide by any conditions imposed by the court and requested bail.

Ms. Ashwini Rayakar, the Learned APP representing the State, opposed the bail application. She submitted a report (Exh. 2) stating that Shaikh was identified in CCTV footage of the incident and had interfered with the police’s performance of their duties. The prosecution argued that the investigation was in its initial stages and requested the court to reject the bail application.

Court’s Decision:

H.H.J. Shri R.J. Katariya, presiding over the Sessions Court, considered the arguments and the circumstances of the case. The court acknowledged the gathering of people demanding justice for the deceased girl. It noted that Shaikh had been arrested on April 2, 2022, and had been in judicial custody since April 4, 2022.

The court also pointed out that except for section 353 of the IPC, all other offenses were bailable in nature. After considering the circumstances, the court determined that granting bail to Shaikh, subject to suitable conditions, would not prejudice the prosecution.

Bail Conditions:

The court granted bail to Shaikh, ordering his release upon furnishing a Personal Recognizance (P.R.) bond of Rs. 15,000/- with a surety of the same amount. The court also imposed the following conditions:

• Shaikh must cooperate with the investigation and attend the Agripada Police Station as required by the investigating officer.
• He must not commit any other or similar offense.
• He must provide photocopies of his Aadhar Card and documents proving his permanent and temporary residential addresses.
• Provisional cash bail was allowed for six weeks.
• The bail must be furnished before the concerned Metropolitan Magistrate Court.
• The Learned Metropolitan Magistrate was directed to accept the cash bail.

Outcome:

The court’s decision reflects a balanced approach, granting bail while ensuring the accused’s cooperation with the ongoing investigation and preventing any potential obstruction of justice. The case highlights the delicate balance between the right to protest and the need to maintain public order and ensure the smooth functioning of law enforcement.