– Sessions Judge Presided over by MS Kulkarni has granted regular bail to Usman Gani coffeewala R/o Godra Aman Society, Lilesara Road, Panchmahal, Gujrat.
Nagpur :- Applicant Usman Gani coffeewala was prosecuted by for offence punishable under sec 307, 353, 332, 143, 148, 149, 427, 201 of IPC vide crime number 392/2022, registered with police station, Umrer district Nagpur.
As per F.I.R. given by the first informant P.S.I.Battulal Ramlotan Pande, in the intervening night of 22/06/2022 to 23/06/2022, at about 1.45 a.m. when he along with other police staff was on patrolling duty, he noticed that one brown-green coloured six wheeler container parked in MIDC area. He further saw one person throwing one white colour sack from that container. Therefore he (the first informant) got suspicion and went near the container to ask the person to alight therefrom. That time, the driver of the container took U-turn and started to speed away by Girad Road. Therefore, the first informant and his staff chased that container. After some distance, they intercepted that container. When he (the first informant) alighted from the police jeep which was stopped behind the container, the driver of the container took it (the container) in reverse, dashed the police jeep and dragged it (the police jeep) for 25-30 feet. Thereafter, 5-6 unknown people in between the age group 25 to 35 years alighted from the container holding iron rod and other weapons in their hands and rushed towards him (the first informant) with intent to kill him. When they tried to gave blow of weapon on the head of the first informant, one of them adviced not to assault on the hand, but to kill him (the first informant), so that he ( the first informant) would not chase them in future. One of them then assaulted him (the first informant) on his right calf with rod, so he sustained bleeding injury. The accused also assaulted police jeep driver Pradip. Because of that they both ran away therefrom. The accused then fled away with the container towards Chargaon Muglai diversion.
It was submitted that, FIR mentions age of assailants as 25-35 years, while he is more than 60 years which itself indicates that he was not present on the crime spot; he is arrested merely because the container stands in his name, the vehicle was given to accused No.1 Irfan Bandi on fare and he was unaware about the commission of crime by the accused No.1.
All the injuries were caused by hard and blunt object, and were simple in nature and fresh at the time of arrival of first informant in hospital. Considering the contents of F.I.R. the presence of the applicant/accused who is more than 60 years old creates suspicion in the prosecution story as it is specifically alleged that assailants were in between age group of 25 to 35 years.
Adv Mir Nagman Ali appeared for Usman Gani Coffeelwala.
