Mumbai, April 30, 2024 – Mohammad Altaf Ansari @Papa, a 25-year-old labourer, has been granted bail by the Sessions Court in Mumbai in connection with an assault and arms act case. Ansari was arrested in connection with Crime No. 1052/2023, registered at Ghatkopar Police Station.
The Allegations
According to the prosecution, on November 26, 2023, at approximately 11:30 p.m., Ansari and a co-accused, Mohd. Altaf Ansari, allegedly obstructed and assaulted the complainant, Santosh Chavan, with a helmet. When Chavan’s mother and brother attempted to intervene, they were threatened with a sword. Chavan sustained serious injuries and was hospitalized. The case was registered under Sections 307 (attempt to murder), 324 (voluntarily causing hurt by dangerous weapons or means), 323 (voluntarily causing hurt), 504 (intentional insult with intent to provoke breach of the peace),1 506(2) (criminal intimidation) read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code,2 1860, Sections 4 and 25 of the Indian Arms Act, 1959, and Sections 37(1)(a) and 135 of the Maharashtra Police Act, 1951.
Ansari’s Defense and Arguments
Ms. Noorsaba Shaikh, representing Ansari, argued that her client had been falsely implicated. She submitted that counter cases had been filed by both parties, with Ansari and his companion registering FIR No. 1053 of 2023 against the complainant and his relatives. Ansari also argued that the investigation was complete and the charge sheet had been filed.
Prosecution’s Objections
The prosecution strongly opposed the bail plea, filing a written submission (Exh-4) outlining various grounds for rejection.
Court’s Observations and Decision
Additional Sessions Judge S.M. Tapkire considered the submissions from both sides and the documents on record. The court noted that the dispute arose from a quarrel between the parties, allegedly stemming from the complainant being teased by Ansari and his co-accused.
“Allegedly the applicant Mohd. Altaf Ansari has assaulted to the informant by the helmet and got injured. The injury certificate is clarifying the informant has caused simple in nature injuries,” Judge Tapkire stated in the order.
The court also considered that the investigation was complete and the charge sheet had been filed.
“Further, as the investigation is completed and charge-sheet is already submitted whereby, considering the record availed prima-facie does not incline considerable justifiable substance force in view of further custodial detention of applicant for indefinite period. Furthermore, the alleged weapons are also discovered and seized at the instance of co-accused. Hence, I am inclined to have the liberty to applicant by saddling stringent conditions,” Judge Tapkire stated.
The court decided to grant bail subject to stringent conditions.
Bail Conditions
Ansari was granted bail on a personal bond of Rs. 1,00,000 and one or two solvent sureties of the same amount. The court imposed the following conditions:
- Ansari must not tamper with prosecution witnesses or evidence.
- He must attend every trial date without fail.
- He must not engage in any criminal activity.
- He must not leave India without prior permission from the Trial Court.
- He must submit his residential address proof and contact numbers to the police.
- He must complete the surety process before the Trial/Committal Court.
- Copies of the order must be sent to the Trial/Committal Court and Ghatkopar Police Station.
- Ghatkopar Police Station must take note of the order.
Key Points
- Simple Injuries: The court noted that the complainant sustained simple injuries.
- Investigation Complete: The completion of the investigation and filing of the charge sheet were significant factors.
- Rival Cases: The existence of counter cases filed by both parties was considered.
- Stringent Conditions: The court imposed stringent conditions to ensure Ansari’s compliance.
- Weapon Seized from Co-Accused: The weapons were seized from the co-accused.