Mumbai, February 13, 2024: A Mumbai Sessions Court has granted bail to 18-year-old Gullesh Mohd. Aarif Qureshi, an accused in a violent assault case registered under Crime No. 922/2023 at Shivaji Nagar Police Station. The case involves serious charges, including attempt to murder, assault, criminal intimidation, unlawful assembly, and violations under the Arms Act and Bombay Police Act. The bail application was heard before Additional Sessions Judge Dr. Gauri Kawdikar in Court Room No. 41.

Case Background

According to the First Information Report (FIR), the incident occurred on October 16, 2023, following an altercation involving the complainant’s cousin sister, Zainab. Allegedly, Zainab was prohibited from speaking with an individual named Farhan Mansuri. This led to an escalation where the accused, along with others, reportedly abused and physically assaulted the complainant’s aunt and another individual named Wazid.

On October 19, 2023, at approximately 9:30 PM, a group of assailants, including the accused, allegedly forcefully entered the complainant’s house. The complainant’s mother, upon opening the door, was attacked with an axe by a co-accused named Shahrukh. As the complainant tried to intervene, multiple individuals, including Qureshi, allegedly assaulted him and dragged him out of the house. The complainant sustained injuries, including a sword attack on his back, which was attributed to the accused.

Local residents who attempted to help were also attacked, with weapons such as axes, swords, and knives being used. Witnesses reported that the assailants issued threats before fleeing the scene, causing panic in the neighborhood.

Prosecution’s Argument Against Bail

During the bail hearing, Additional Public Prosecutors Meera Choudhari-Bhosale and Rajlaxmi Bhandari opposed the release of Qureshi, arguing that he is a habitual offender. They pointed out that another criminal case (Crime No. 218/2023) was already pending against him at Shivaji Nagar Police Station for charges under IPC Sections 324, 323, 506-II, and the Bombay Police Act. The prosecution contended that granting him bail would pose a threat to witnesses, increase the risk of him committing further offenses, and create the possibility of him absconding to evade trial.

Defense’s Argument for Bail

Advocate Rahul T. Ingole, representing the accused, argued that Qureshi had been in custody since November 14, 2023, and that the investigation was complete, with the charge sheet already filed. He emphasized that no sword was recovered from the accused and that the medical report only indicated a simple injury to the victim’s back. The defense also stressed that Qureshi is a permanent resident of Mumbai and was willing to comply with all bail conditions imposed by the court.

Court’s Ruling

After considering the arguments, Judge Kawdikar noted that while the allegations against the accused were serious, the lack of weapon recovery and the completion of the investigation meant that prolonged incarceration was unnecessary. The court decided to grant bail, subject to stringent conditions to prevent further offenses or interference with the investigation.

Bail Conditions Imposed by the Court:

1. Qureshi was ordered to furnish a personal bond of Rs. 25,000 with at least one surety.
2. He must not tamper with prosecution witnesses or evidence.
3. He is required to report to the Shivaji Nagar Police Station on the first Sunday of every three months from 7:00 AM to 8:00 AM until the trial concludes.
4. He is strictly prohibited from committing any further offenses.
5. He cannot leave India without prior court approval.
6. He must provide his permanent and temporary addresses, along with contact details, to the police.
7. He is required to inform the court and investigating officer before changing his residence.
8. Any violation of these conditions could result in the cancellation of bail.

Legal and Social Implications

This case has sparked concerns about law and order in Mumbai’s Shivaji Nagar area, with residents expressing mixed reactions. Some argue that granting bail despite the severity of the charges could embolden criminal elements, while others believe in the principle of fair trial and the presumption of innocence until proven guilty.

The prosecution is expected to closely monitor Qureshi’s compliance with the bail conditions, while the police continue their efforts to apprehend the remaining absconding co-accused. As the case progresses towards trial, all eyes will be on the judiciary’s handling of the proceedings and the ultimate verdict.

Conclusion

The bail order in this case underscores the balance that courts must maintain between individual rights and public safety. With stringent conditions in place, the legal system seeks to ensure justice while safeguarding due process. Whether this decision will impact crime trends in the area remains to be seen, as the case proceeds through the judicial system.

Nishant Upadhyay