Mohammad Khan Tajmir Khan @ Noor ... vs The State Of Maharashtra, Thr. Pso, Ps, ...

460 aba480.25 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR

CRIMINAL APPLICATION (ABA) NO.480/2025 Mohammad Khan Tajmir Khan @ Noor Mohammad Khan Tajmir Khan ..vs.. State of Maharashtra, thr.PSO PS Lonar, taluka Lonar, District Buldhana ............................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's ordersao ...............................................................................................

Shri Firdos Mirza, Senior Counsel assisted by Shri Parvez Mirza, Advocate for the Applicant. Ms.T.H.Udeshi, Additional Public Prosecutor for the State.

CORAM : URMILA JOSHI-PHALKE, J. CLOSED ON : 08/08/2025 PRONOUNCED ON : 19/08/2025

1. By this application under Section 482 of the

BNSS, the applicant seeks anticipatory bail in connection

with Crime No.113/2025 registered with the non-

applicant/police station for offences under Sections

109(1), 118(1), 189(4), 189(2), 190, 191(3), 191(2), 192,

351(2), and 352 of the BNS, 2023.

2. The crime is registered on the basis of a report

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lodged by Mohd.Saddam Hussain Mohammad Naser

residing at Lonar. As per the said report, on the

Government Land, adjacent to the house of the

complainant, there was a Well which was used by the

Hindu Community. However, the applicant dismantled the

said Well and erected a "Shadikhana" (Community Hall for

Marriages). A grievance was made by the elder brother of

the informant Mohd.Rizwan through the Collector,

Buldhana and the Commissioner, Amravati Division and

Municipal Council, Lonar. Accordingly, the Municipal

Council issued Notice for illegal construction made on the

Government Land to the applicant. On 25.3.2025, at about

4:15 pm, the informant and his father were sitting in

Medical Store while Mohd.Rizwan was chit-chatting

along with his friends. At that time, the applicant along

with co-accused namely Sameer Khan and others came in

front of the Medical Store holding wooden logs and sticks

in their hands and raised a quarrel with Mohd.Rizwan on

the ground of making complaint. As per the allegations,

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Noor Mohd. inflicted blows of iron rod on the head and

shoulder of Mohd.Rizwan. When the informant and his

father went to mediate, co-accused Imran Khan and

Sameer Khan had inflicted blows of wooden logs on the

knee and forehead of the informant. As per the allegations,

the applicant was continuously provoking other co-accused

persons to kill the informant and the informant's brother

and father. The informant was threatened to kill if the

complaint is not withdrawn. Thereafter, the informant and

his family members rescued themselves, approached the

police station station, and a police constable was sent, on

their request. On the basis of the said report, the police

registered the crime.

3. Heard learned Senior Counsel Shri Firdos Mirza

for the applicant and learned Additional Public Prosecutor

Ms.T.H.Udeshi for the State.

4. Learned Senior Counsel for the applicant

submitted that registration of the offence against the

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applicant is an absolute misuse of process of law and only

with a mala fide intention, in fact, his implication is due to

his active role in the lawful removal of encroachment

carried out by the informant's brother. There is a counter

FIR lodged by the son of the applicant against the injured

and his family members. In the said FIR, bearing

No.115/2025, a specific statement was made by the family

members of the applicant that the applicant sustained

injuries caused by the informant and his other family

members. However, the said FIR does not explain as to

how the family members have sustained those injuries.

Genesis of the crime is suppressed by the prosecution.

Prior to this also, the FIR is lodged against the brother of

the informant i.e. Mohd.Rizwan vide Crime No.55/2025 on

18.2.2025. The wife of the applicant also lodged FIR vide

Crime No.437/2024. Similarly, various complaints with

the Nagar Parishad at Lonar are made in respect of

encroachment on the Government property and regarding

taking illegal possession of Well by the brother of the

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informant. The involvement of the applicant is in removal

of encroachment on the Government Land by availing legal

ways and, therefore, he is implicated in the crime. Insofar

as role of the applicant is concerned, the FIR is only to the

extent of instigating the other co-accused. In fact, the

applicant was not present at the spot of the incident. He,

at the relevant time, had been to his Lawyer. Therefore,

after incident, immediately, the applicant communicated

with the Superintendent of the Court and requested for

CCTV Footage. The applicant has also approached the

Lonar Police Station seeking CCTV Footage to ascertain the

exact incident, but neither the police officials collected

CCTV Footage nor the applicant could get the same from

the Court. The applicant sought information under the

Right to Information Act and it was informed to him that

due to non-availability of the electricity, as far as police

station is concerned, between 3:20 pm to 3:50 pm, CCTV is

not available. Whereas, contrary communication is made

by the concerned police station as there was no electricity

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and, therefore, CCTV Footage is not available.

5. Learned Senior Counsel for the applicant further

submitted that communication issued by Assistant Engineer

of the MSEB, specifically shows that load shedding was

only from 3:20 to 3:50 pm, i.e. only for 30 minutes. The

Crime and Criminal Trafficking Network and System (the

CCTNS) also discloses that in the police station, the FIRs

are also uploaded on 16:13:37 and 16:05:52. Thus, the

contention of the Investigating Officer that the electricity

was not available from 3:00 to 5:00 pm is falsified by this

document, which sufficiently shows that the investigation is

not carried out fairly.

6. In support of his contentions, learned Senior

Counsel for the applicant placed reliance on following

decisions:

1. Padam Singh vs. State of U.P., reported in (2000)1 SCC 621;

2. Paramvir Singh Saini vs. Baljit Singh and ors, reported in AIR OnLine 2020 SC 871, and

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3. Siddharam Satlingappa Mhetre vs. State of Maharashtra and Others, reported in (2011)1 SCC 694.

7. Per contra, learned Addl.P.P. for the State

strongly opposed the application and submitted that the

applicant is mastermind of the said crime. It was he on

whose provocation, other co-accused have assaulted the

injured. The injured and his son sustained multiple

injuries. One of injured also sustained injury and was

taken to the Government Hospital at Aurangabad for

further treatment. During investigation, various

documents are collected which show that various

complaints were made against the applicant by the

informant and his family members. The statements of all

injured witnesses and eyewitnesses show involvement of

the applicant in the alleged incident. Therefore, custodial

interrogation of the applicant is required. The custodial

interrogation is also required for recovery of the weapons.

.....8/- 460 aba480.25 8

She further submitted that as far as suppressing of genesis

of the incident is concerned, the investigating officer has

filed an affidavit contending that there was no electricity

available from 3:00 to 5:00 pm. He further clarified that as

the battery of CCTV Footage was not enough and was not

in a proper condition, after non-availability electricity, it

takes time to switch-on and connect with the CCTV

Footage with cameras and, therefore, the CCTV Footage

was not available. Considering involvement of the

applicant, the application deserves to be rejected.

8. In support of her contentions, she placed

reliance on Criminal Appeal SLP (Cr.) No(s).10251/2024

(Nikita Jagannath Shetty vs. The State of Maharashtra and

anr) decided on 21.7.2025.

9. After hearing both the sides and perusing

investigation papers, it reveals that the crime is registered

on allegations that on the date of the incident, i.e.

25.3.2025, the injured and and other family members were

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in Medical Store. The applicant and other co-accused came

there holding wooden logs and sticks in their hands and

assaulted the brother of the informant due to which they

sustained injuries. The informant and his father have also

sustained injuries. From the investigation papers, it reveals

that there is a previsous enmity between the applicant and

the informant. Regarding the incident dated 25.3.2025, a

cross complaint vide Crime No115/2025 was also

registered wherein presence of the applicant was not

shown at the spot of the incident. Previously, Crime

No.55/2025 was registered on 18.2.2025 under Sections

3(5), 126(2), 296(a), 351(2), 352 of the IPC on the basis

of the report lodged by the brother of the applicant,

wherein it is alleged that the informant and his brother

illegally erected pipe line in the drain and, therefore, he

filed complaint against them. On 17.2.2025, the informant

and his brothers restrained and manhandled by abusing

and fled away from the spot. Crime No.437/2024 was

registered on the basis of report lodged by the wife of the

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brother of the applicant alleging that as her family

members have made the complaint regarding

encroachment by the informant, she was abused and

threatened by the informant and his family members. She

has also made complaint to the Chief Officer, Nagar

Parishad, Lonar. The documents filed on record also show

that various villagers have approached the Chief Officer,

Nagar Parishad and Tahsildar requesting to remove the

encroachment around the Well which is used by the Hindu

Community for religious purpose. The said Well was used

by the Hindu Community since 1989 for immersion of Idols

of God Ganesha and Goddess Durga. It was alleged that the

informant and his family members have encroached near

the said Well and an attempt was made to destroy that

Well. The Chief Officer of the Nagar Parishad and the

Tahsildar took cognizance of the said compliant and

removed the encroachment. It revealed that the applicant

took an active role in removing the said encroachment. A

writ petition bearing No.7939/2022 was also filed before

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this court, but this court has declined to interfere in the

order passed by the respondent therein.

10. Thus, from the various documents, it reveals

that the dispute between the informant and other villagers

is on account of encroachment made by the informant and

his family members. On that count, the alleged incident

appears to have taken pace. There was a scuffle between

two groups and in that scuffle, the injuries are sustained by

both the party members.

11. As far as the present crime is concerned,

Mohd.Saddam Hussain Mohammad Naser, Mohd.Nasar

Mohd. Usmal, and Mohd.Rizwan have sustained injuries.

The injuries sustained by Mohd.Rizwan appear to be

grievous in nature, who is discharged from the hospital. As

far as apprehension of death is concerned, the same is not

there.

12. During the investigation, the statements of

witnesses are recorded by the investigating officer. The

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statements of witnesses disclose that the applicant was

holding iron pipe and assaulted the injured by means of

said pipe and, therefore, injured Rizwan has sustained

injuries. Though some wooden sticks are recovered at the

instance of the co-accused, no blood stains are found on

the said weapons.

13. Admittedly, at this stage, appreciation of the

evidence is not required. However, while considering the

role of the applicant, except family members, no statements

of the independent witnesses are recorded though the

alleged incident has taken place on the public place. The

wife of the applicant immediately approached the court of

CJJD seeking the CCTV Footage. The applicant has also

approached the Police Station at Lonar seeking CCTV

Footage, but on the pretext of non-availability of electricity,

it was informed that the CCTV Footage is not available.

Explanation given by the investigating officer for non-

availability of the CCTV Footage is not acceptable in the

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light of the communications given by the Assistant

Engineer, MSEB and Annexure-II extract of the CCTNS.

14. In Paramvir Singh Saini supra, on which learned

counsel for the applicant placed reliance, the Hon'ble Apex

Court has given various directions and sought compliance

by way of affidavit from all the States. It was directed that

Director General/Inspector General of Police of each State

and Union Territory should issue directions to the person in

charge of a Police Station to entrust the SHO of the

concerned Police Station with the responsibility of

assessing the working condition of the CCTV cameras

installed in the police station and also to take corrective

action to restore the functioning of all non-functional CCTV

cameras. The SHO should also be made responsible for

CCTV data maintenance, backup of data, fault rectification

etc. It was further directed that State and Union Territory

Governments should ensure that CCTV cameras are

installed in each and every Police Station functioning in the

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respective State and/or Union Territory. Further, in order

to ensure that no part of a Police Station is left uncovered,

it is imperative to ensure that CCTV cameras are installed

at all entry and exit points; main gate of the police station;

all lock-ups; all corridors; lobby/the reception area; all

verandas/outhouses, Inspector's room; Sub- Inspector's

room; areas outside the lock-up room; station hall; in front

of the police station compound; outside (not inside)

washrooms/toilets; Duty Officer's room; back part of the

police station etc. It was further directed that systems that

have to be installed must be equipped with night vision and

must necessarily consist of audio as well as video footage.

In areas in which there is either no electricity and/or

internet, it shall be the duty of the States/Union Territories

to provide the same as expeditiously as possible using any

mode of providing electricity, including solar/wind power.

The internet systems that are provided must also be

systems which provide clear image resolutions and audio.

Most important of all is the storage of CCTV camera

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footage which can be done in digital video recorders

and/or network video recorders. CCTV cameras must then

be installed with such recording systems so that the data

that is stored thereon shall be preserved for a period of 18

months. If the recording equipment, available in the

market today, does not have the capacity to keep the

recording for 18 months but for a lesser period of time, it

shall be mandatory for all States, Union Territories and the

Central Government to purchase one which allows storage

for the maximum period possible, and, in any case, not

below 1 year. It is also made clear that this will be

reviewed by all the States so as to purchase equipment

which is able to store the data for 18 months as soon as it is

commercially available in the market.

15. By these directions, further responsibility was

imposed on the station house officer of the police station

that it is duty and responsibility for the working,

maintenance and recording of CCTV of the said police

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station. It shall be the duty and obligation of the station

house officer or to immediately report to the DLOC any

fault with equipment or malfunctioning CCTV. If the

CCTV are not functioning in a particular police station, the

concerned SHO shall inform the DLOC of the arrest and

interrogation carried out in that police station during the

said period and forward the said record to DLOC. If the

concerned SHO has reported non working CCTV of a

particular police station, the DLOC shall immediately repair

and purchase of equipment which shall be done

immediately .

16. In the light of the above directions,

explanation given by the investigating officer is not

acceptable. The explanation given by the police station

officer is that the battery back up is not in a proper

condition and he communicated the issue on 5.2.2025 to

his superiors. There is no communication that what follow-up he

has carried out in view of the guidelines and directions issued

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by the Hon'ble Apex Court in the case of Paramvir Singh

Saini supra and, therefore, there is substance in the

contention of learned Senior Counsel for the applicant that

the explanation given by the investigating officer is not

acceptable.

17. Considering the entire background and

especially in the light of the fact that only statements of the

injured and other family members are recorded though the

incident has taken place at a public place and more

particularly the cross complaint filed does not show

presence of the applicant at the spot of the incident,

considerations for grant of anticipatory bail have been laid

down by the Hon'ble Apex Court Siddharam Satlingappa

Mhetre vs. State of Maharashtra and Others supra wherein

it is held that while considering applications for grant of

bail, the court has to consider the factors and parameters,

which are as follows:

i. The nature and gravity of the accusation and

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the exact role of the accused must be properly

comprehended before arrest is made;

ii. The antecedents of the applicant including the

fact as to whether the accused has previously

undergone imprisonment on conviction by a

Court in respect of any cognizable offence;

iii. The possibility of the applicant to flee from

justice;

iv. The possibility of the accused's likelihood to

repeat similar or the other offences;

v. Where the accusations have been made only

with the object of injuring or humiliating the

applicant by arresting him or her;

vi. Impact of grant of anticipatory bail

particularly in cases of large magnitude affecting

a very large number of people;

vii. The courts must evaluate the entire available

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material against the accused very carefully. The

court must also clearly comprehend the exact

role of the accused in the case. The cases in

which accused is implicated with the help of

Sections 34 and 149 of the Indian Penal Code,

the court should consider with even greater care

and caution because over implication in the

cases is a matter of common knowledge and

concern;

viii. While considering the prayer for grant of

anticipatory bail, a balance has to be struck

between two factors namely, no prejudice

should be caused to the free, fair and full

investigation and there should be prevention of

harassment, humiliation and unjustified

detention of the accused;

ix. The court to consider reasonable

apprehension of tampering of the witness or

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apprehension of threat to the complainant;

x. Frivolity in prosecution should always be

considered and it is only the element of

genuineness that shall have to be considered in

the matter of grant of bail and in the event of

there being some doubt as to the genuineness of

the prosecution, in the normal course of events,

the accused is entitled to an order of bail.

18. Learned Additional Public Prosecutor for the

State also placed decision in the case of Nikita Jagannath

Shetty supra wherein it is observed that anticipatory bail

is an exceptional remedy and ought not to be granted in a

routine manner. There must exist strong reasons for

extending indulgence of this extraordinary remedy to a

person accused of grave offences.

19. In the light of the above parameters laid down

by the Hon'ble Apex Court, if facts of the present case are

looked into, doubt appears as to the manner of

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investigation carried out and, therefore, the contention of

learned Senior Counsel for the applicant, as to the

involvement of the applicant, that implication of the

applicant is due to his active role in the lawful removal of

the encroachment, is acceptable.

20. In this view of the matter, the application

deserves to be allowed, as per order below:

ORDER

(1). The Criminal Application is allowed.

(2) The applicant shall be released on anticipatory bail in

connection with Crime No.113/2025 registered with the

non-applicant/police station for offences under Sections

109(1), 118(1), 189(4), 189(2), 190, 191(3), 191(2), 192,

351(2), and 352 of the BNS, 2023 on he executing a

P.R.Bond in the sum of Rs.50,000/- with one solvent surety

of the like amount.

(3) The applicant shall attend the police station twice a

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460 aba480.25 22

week i.e. Monday and Thursday between 10:00 and 1:00

pm, till filing of the chargesheet, and shall cooperate with

the investigating agency.

(4) The applicant shall not induce or threat or promise to

any of witnesses connected with the crime in question and

shall not tamper the prosecution evidence, either physically

or through electronic media.

(5) The applicant shall not leave the jurisdiction of the

Buldhana district without prior permission of the District

Court at Buldhana.

(6) The applicant shall produce weapon before the

investigating officer and the period will be considered as his

custody in view of Section 23(2) of the Bharatiya Sakshya

Adhiniyam, 2023.

Application stands disposed of.

(URMILA JOSHI-PHALKE, J.) !! BrWankhede !!

Signed by: Mr. B. R. Wankhede Designation: PS To Honourable Judge ...../- Date: 21/08/2025 10:43:11