Mumbai, August 17, 2022 – Matiullah Badullah @ Matiullah Badullah Darzi, an 18-year-old student, has been granted bail by the Sessions Court in Mumbai in connection with an alleged assault case. Darzi was arrested in connection with Crime No. 753/2022, registered at Deonar Police Station, for offenses under Sections 307 (attempt to murder), 324 (voluntarily causing hurt by dangerous weapons or means), 427 (mischief causing damage to the amount of fifty rupees), 504 (intentional insult with intent to provoke breach of the peace), and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC).

The Allegations

According to the First Information Report (FIR), the complainant and the accused were known to each other. On June 24, 2022, the complainant and Darzi, along with other accused, were invited for dinner by co-accused Chand Badshah Shaikh. After dinner, they went to Ghatkopar Mankhurd Link Road. Co-accused Nadim, who needed to go to Rafiq Nagar slum, asked the complainant for his motorbike. When the complainant refused, Nadim allegedly became angry and kicked the motorbike, causing it to fall. He then allegedly used a wooden plank with nails to damage the motorbike and assault the complainant. Darzi allegedly joined Nadim in assaulting the complainant with fist blows. When the complainant’s brother, Abdul Hasif, arrived, he was also allegedly assaulted by Nadim and Chand Shaikh.

Darzi’s Defense and Arguments

Mr. Qureshi, representing Darzi, argued that his client had been falsely implicated. He contended that the role attributed to Darzi did not attract Section 326 of the IPC (voluntarily causing grievous hurt by dangerous weapons or means). He also stated that Darzi was ready to abide by all conditions.

Prosecution’s Objections

Mr. Ramesh Siroya, the Additional Public Prosecutor (APP), opposed the bail application, arguing that if Darzi was released on bail, he would commit the same offense against the complainant and prosecution witnesses. The prosecution also expressed concerns that Darzi would tamper with evidence and flee from justice.

Court’s Observations and Decision

Additional Sessions Judge Shri M.S. Kulkarni considered the submissions from both sides and the documents on record. The court noted that Darzi’s attributed role was limited to assaulting the complainant with fist blows. The court also observed that the prosecution had not provided medical documents to substantiate the extent of the injuries suffered by the complainant and his brother.

“The role assigned to the applicant/accused is that he assaulted first informant by fist blows. The prosecution has not put on record medical documents of the first informant as well as his brother. Showing that they are still suffering from injuries,” Judge Kulkarni stated in the order.

The court also considered that Darzi had been in custody since June 25, 2022, and that his role in the alleged crime did not warrant further incarceration. The court decided to grant bail subject to stringent conditions.

Bail Conditions

Darzi was granted bail on a personal bond and surety bond of Rs. 30,000 each. The court imposed the following conditions:

• A provisional cash security of Rs. 30,000 was allowed for two months, within which Darzi had to furnish surety as directed.
• Darzi must not flee from justice.
• He must not tamper with evidence and must cooperate with the investigating officer.
• He must attend Deonar Police Station every Monday between 10:00 a.m. and 11:00 a.m. until the charge sheet is filed.
• The bail process will be completed before the lower court.

Key Points

• Limited Role: The court considered the limited role attributed to Darzi in the alleged assault.
• Lack of Medical Evidence: The court noted the absence of medical documents to substantiate the extent of injuries.
• Length of Custody: The court considered the duration of Darzi’s custody.
• Stringent Conditions: The court imposed stringent conditions to ensure Darzi’s cooperation and prevent him from fleeing or tampering with evidence.