Justice Urmila Phalke Joshi has released Ayazoddin Kazi Anisoddin Kazi
R/o Lakh Rayaji Tah Digras, Dist Yavatmalon anticipatory bail.
Ayazoddin Kazi Anisoddin Kazi was apprehending his arrest in connection with Crime No.212/2023 registered with Police Station Digras for the offence punishable under Section 392 read with Section 34 of the Indian Penal Code.
Ayazoddin Kazi is working as a journalist working with “Star Maharashtra”.
It was the case of prosecution that, complainant was looking forward to purchasing agricultural field and therefore, on 19-04-2023, complainant had withdrawn an amount of ₹ 1 lakh from his bank and some of the amount was kept at his home. It is alleged that the present applicant who is a nephew of the complainant was the mediator in the land transaction. It is alleged that, the land was to be purchased on 27-03-2023 and this fact was known to be present applicant, complainant and the vendor. It is further alleged that, on the day of this complainant along with present applicant went to along with dash of Rs. 2,50,000/-. It is further alleged that while the applicant and complainant were near village Sawanga, three persons came on motorcycle and gave a dash to them because of its the applicant and complainant fell down. It is further alleged that those persons abused applicant and complainant and thereafter went away. It is further alleged that, after some time they came back and further started quarrelling with applicant and complainant. It is alleged that, when those persons were abusing applicant, applicant went away to lodge a report with the police station. It is further alleged that thereafter those persons snatched away the cash amount kept with the complainant and fled away on the motorcycle. Therefore, the complainant has lodged complaint with police station leading to the registration of instant crime.
That, during investigation, investigating agency has arrested 2 accused namely Mohsin and Sajid and they have already recovered an amount of Rs. 2,00,000/- from them. That, accused namely Mohsin and Sajid had given a confessional statement that, they were given tip to rob the complainant by Ayazoddin.
It is submitted that, applicant being the relative of complainant and mediator in land deal was accompanying the complainant when applicant and complainant were assaulted by accused persons.
It was submitted that, he is not at all involved in the present offence, vague allegations are made against him. Even the recitals of the FIR nowhere shows that the applicant has given any tip to the persons who robbed the informant. Thus, the prima facie material to show the involvement of the present applicant. Nowhere reveals from FIR his physical custody is required. It is further contended that considering the prima facie allegation the offence is not made out against the present applicant, he was released on ad-interim anticipatory bail. Now during investigation also, no witnesses came forward to say that it is the present applicant who has given the tip that the informant is possessing the amount of Rs.2,50,000/-. Thus, there is no prima facie material against the present applicant and hence, he be protected by granting anticipatory bail.
Considering the submissions, Justice Urmila Phalke Joshi has released Ayazoddin Kazi Anisoddin Kazi was pleased to release Ayazoddin Kazi on anticipatory bail.
Adv Mir Nagman Ali appeared for Ayazoddin Kazi .
