CNR
No.

MHNS010025972022
Order below Exh. 1 in, Cri. Bail Application No. 665/2022
(Firoz Gayasuddin Shaikh­applicant 1(accused 4) and Imran Salim Kureshi @
Goswala­applicant­2(accused 6) Vs. State )
This is an application for bail u/s. 439 of the Cr.P.C. upon
filing of charge­sheet bearing R.C.C. 596 of 2022, in C. R.I­ 58 of 2022
registered with Bhadrakali Police Station, Nashik u/ss. 307, 143, 147,
148, 149,504,506 of The Indian Penal Code(IPC) and u/s.135 of The
Bombay Police Act,
2.
submits
The learned counsel Mr. Y.R.Wagh for the applicants
that, they are
innocent person and have been falsely
implicated due to election and political rivalry . Applicants are ready to
abide by any of the terms and conditions to be imposed by this Court.
Section 307 is not attracted in this case. Custodial interrogation is not
required. They are arrested on 20.03.2022 and till today they are in
judicial custody.

Nothing has been seized from the applicants. The
injured has been already recovered and discharged from the hospital
and as such there is no danger to his life. Now, the investigation is
completed and charge­sheet has already been filed.
3.

Learned A.P.P. Mrs. Aparna Patil, by filing pursis (Exh.5)
adopted say filed by Investigating officer (I.O.) (Exh.4.) and strongly
objected this application. I.O. is present alongwith case dairy and
papers of investigation. Original complainant Samir Rafiq Shaikh by
filing his say(Exh. 9) also objected to release applicants on bail. Learned
A.P.P opposed this application on the grounds that, offence is serious,
accused has been named in the FIR and accused may
abscond and
hamper and tamper prosecution witnesses or evidence.
4.

Perused record. Prosecution’s case is that, accused 1 Samir
on pretext of demanding money concerning election, called informant
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on phone near Nanavali Masjid with intention to kill him. Samir
Badshaha took out knife and threatened to kill informant Samir and
struck him with knife on his head. Riyaj, Yakub Shaha, Firoz Shaikh,
Aatiq @ Gendya Ansari, Shadab, Imran Kureshi who were alongwith
him held glass bottle iron rod and wooden logs in their hands which
were concealed by them, Riyaj struck glass bottle on his head, Yakub
Shaha, Firoz Shaikh and Aatiq Ansari hit him by iron rod on his hands
and legs, Shadab, Imran Kureshi hit him by wooden log on his back.
Thereafter, he was pacified by persons who were present there from
their hands. Thus, as far as role of applicant 1 is concern, he hit him by
iron rod alongwith above named persons. As far as role of applicant 2 is
concern, he held glass bottle, iron rod and wooden logs. Thus, omnibus
allegations are made against him.
5.

Perusal of medical certificate dated 7 th March reveals
that,informant sustained one CLW on partial occipital region, though he
has been allegedly attacked by many accused persons by holding above
lethal weapons in their hands. No other medical certificate is produced
on record. Charge­sheet has been filed in the present case,after
completion of investigation. Thus, investigation has been completed.
Injured is out of hospital. Considering the alleged role played by the
applicants and nature and number of injuries sustained by the
informant, no purpose would be served by keeping the
applicants
behind the bar for indefinite period. Offences alleged are not punishable
with death or life imprisonment conjunctively. They have got fixed and
permanent place of residence. Certain conditions may suffice the
purpose. Consequently, applicants deserve
Hence, the following order.

to be released on bail.

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Cri.Bail No..

ORDER
1.

This application stands allowed.

2.
Applicant­1(accused 4) Firoz Gayasuddin Shaikh &
applicant­2(accused 6)Imran Salim Kureshi @ Goswala shall be
released on bail, in R.C.C. bearing No. 596 of 2022,C.R. in
C.R.I­ 58/2022 registered with Bhadrakali police station, Nashik
u/s. 307, 143, 147, 148, 149,504,506 of The I.P.C. and u/s.135
of The Bombay Police Act, on executing personal bond of
Rs.25,000/­, with one surety in the like amount, each.
3.
They shall not leave India without prior permission of the
Court.
4.

They shall not tamper with the prosecution witnesses.

5.

Bail before Ld. J.M.F.C.

Date :09.06.2022.

( S.T. Tripathi)
Additional Sessions Judge­8,
Nashik.