YUSUF SHAIKHNOOR SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application by two of the accused from Crime No.330/2019 registered with Shillegaon Police Station, District Aurangabad for the offences punishable under Sections 307 , 326 , 452 , 324 , 504 , 143 , 147 , 148 , 149 , 323 of the Indian Penal Code, seeking bail under Section 438 of the Code of Criminal Procedure, in the event of their arrest.

(2.) The prosecution case is to the effect that on 29.12.2019 in the evening hours, accused Ibrahim who is the cousin of the informant had assaulted him and had abused him. However, due to the intervention of some villagers he had not filed any complaint. It is alleged that in the next morning, all the accused persons i.e. his paternal uncle, his cousin accused Ibrahim, his mother Madina, his two sisters, their husbands i.e. the present applicants and few other persons arrived there in a Jeep. By questioning the informant as to why he was instigating a quarrel in their home they started abusing and assaulting the informant. Weapons like iron rod, sticks and stones were used to assault the informant his parents, wife, father in law, brother, sister in law and cousin brother in law. The FIR was lodged on 31.12.2019 and the crime was registered.

(3.) The learned advocate for the applicants submits that because of the dispute between the two families, all the relations from the paternal uncle side of the informant are being involved. The applicants are the son in laws of his paternal uncle. They are not at all concerned with the episode. They are being implicated with a concocted version. No specific overt act is attributed to them in the FIR. For that matter even their names do not appear in the FIR and they have been vaguely addressed as the husbands of the two daughters of the paternal uncle of the informant. Nothing is to be recovered from them. They are ready to co-operate the Investigating Officer. They are resident of Village Babhulgaon and Ganapur from Kannad Taluka whereas the incident has taken place in Gangapur Taluka. They may be granted anticipatory bail with suitable conditions.