Bombay HC Denies Pre-Arrest Bail To Man Accused Of Brutally Assaulting 71-Year-Old Train Passenger Over Suspected Beef
The Bombay High Court has refused pre-arrest bail to a man accused of thrashing a 71-year-old man in an express train, suspecting him of carrying beef, noting that the senior citizen was "mercilessly assaulted".
A single bench of Justice R N Laddha refused anticipatory bail stating that his custodial interrogation may be required as the probe in the case was at a nascent stage.
"The informant (victim), a senior citizen aged about 71 years, was assaulted mercilessly. The investigation is at a nascent stage. Thus, to facilitate further investigation, custodial interrogation of the applicant (Avhad) would be necessary," the Court said.
It further said that granting pre-arrest bail would jeopardise the course of effective investigation.
The accused feared that he would be arrested again, as the police had invoked fresh charges of intentionally hurting the religious feelings of another person through words, gestures, or objects and dacoity and causing grievous hurt under the Bhartiya Nyaya Sanhita.
Following the incident, a case was registered at Thane police station, and alleged assailants were arrested and released on bail.
As per the complaint, the 71-year-old man was travelling to Kalyan on the Dhule-CSMT (Chhatrapati Shivaji Maharaj Terminus) express in the general coach from Chalisgaon on August 28.
When he picked up his bag to alight at Kalyan, a few other passengers suspected him of carrying beef and stopped him. Despite telling the men that he was carrying buffalo meat, which is not banned, the alleged assailants started abusing and assaulting him.
The police have claimed that accused recorded the assault on his mobile phone.
The bench, in its order, noted that the victim was assaulted by five to six unknown men, including accused, over a jar of alleged beef.
"The applicant (Avhad) and the others restrained the informant (victim) from alighting at Kalyan railway station and assaulted and threatened to kill him. Prima facie, there is material to indicate that the applicant assaulted the informant and recorded the assault on his mobile phone," the Court said.
Cause Title: Akash Rajendra Avhad v. The State of Maharashtra, [2024:BHC-AS:41817]
Appearance:
Applicant: Advocates Saurabh Ghag, Divya Bhatia and Akshata Sawant
Respondents: Advocate Swapnil Pednekar
With PTI Inputs
