Afzal Manjur Qureshi vs the State of Maharashtra and Another

The Applicant has approached this Court, seeking anticipatory bail application in connection with Crime No. 22/2026 registered with Paranda Police Station, District Dharashiv for the offences punishable under Sections 118(1), 118(2), 351(2), 352, 3(5) of Bharatiya Nyaya Sanhita, 2023.

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The case of the prosecution is that the informant, Ismail Abdul Sattar Kureshi, resident of Kasab Galli, Dargah Road, Paranda, Tq. Paranda, Dist. Dharashiv, was admitted in the Intensive Care Unit and, while undergoing treatment at the Sub-Division Hospital,

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2 924.ABA-350-2026.doc

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Paranda, gave a statement that on 14.01.2026 at about 8:00 p.m., as he was elected as a Municipal Councilor, a program was organized in his honour at the house of Murtuja Sayyadali Sayyed. The informant, along with Bilal Kureshi and Rahematulla Sanaullakha Pathan, attended the said program. While returning home, the accusedapplicants, namely Sarafaraj @ Babbu Mahamd Kureshi, Gaus Alisher Kureshi, Mahmad Sharif Mainuddin Kureshi, and Afzal Manjur Kureshi of Kasab Galli, Paranda, in collusion with each other, assaulted the informant and his nephew Bilal Kureshi with iron rods, causing serious injuries. The accused/Applicant also abused them and issued threats to kill. On the basis of the report containing the aforesaid allegations, the offences referred to above came to be registered against the accused/Applicant.

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The learned Counsel for the Applicant submits that the Applicant has been falsely implicated in the present crime. It is stated that the uncle of accused Sarfaraz had contested the election against the first informant for the post of Municipal Councilor/Corporator, and in that election the uncle had defeated the first informant. Therefore, with an intention to wreak vengeance, the Applicant has been deliberately roped in, being a family member of his uncle Sarfaraz. The two antecedents relied upon by the prosecution, dating back to the years 2001 and 2010, by themselves would not preclude this Court from granting anticipatory bail, particularly when no specific role is attributed to the present Applicant. This Court has protected the co-accused Mohammad Sharif vide order dated

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3 924.ABA-350-2026.doc

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10.02.2026 passed in ABA No. 192/2026. The Applicant is ready to abide by any conditions that may be imposed by this Court. Hence the Applicant may be released on anticipatory bail.

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As against this, the learned APP strongly opposes the present application on the ground that the Applicant is involved in the serious offence of attempt to commit murder by voluntarily causing grievous hurt with a dangerous weapon, which is punishable with life imprisonment. There are serious allegations of assault with a stone directly attributed to the present Applicant. The Complainant sustained injuries in the said incident. The Applicant has criminal antecedents, and there is every likelihood that if released on bail, he may again indulge in similar offences and thereby cause disturbance to law and order. Hence, the Applicant may not be released on bail.

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I have gone through the investigation papers made available by the learned APP. A perusal of the same shows that the injuries sustained by the injured witness Bilal are attributed to Sarfaraz, who is not before this Court. The Applicant is alleged to have assaulted the Complainant Ismail with a stone, however there is no injury certificate of Ismail to corroborate the allegations made in the FIR. The earlier two offences registered against Applicant are very old. Taking into consideration the political rivalry as claimed by the Applicant, the possibility of false implication of the Applicant, who is a family member of Sarfaraz, elected in the municipal election, cannot be ruled out at this stage. However, these are observations

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prima facie in nature and are made only with purpose to decide the present application and the same may not be influenced the trial Court. Thus, I am inclined to protect the Applicant in exercising the powers under Section 482 BNSS. Hence, the following order:

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ORDER

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( i ) In the event of arrest of the Applicant - Afzal Manjur Qureshi in connection with Crime No. 22/2026 registered with Paranda Police Station, District Dharashiv for the offences punishable under Sections 118(1), 118(2), 351(2), 352, 3(5) of Bharatiya Nyaya Sanhita, 2023, he be released on bail on furnishing P.R. bond of Rs.50,000/- (Rupees Fifty Thousands) with two solvent sureties in the like amount, on the following conditions :

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( ii ) The Applicant is directed to attend Paranda Police Station, District Dharashiv on 22^nd , 23^rd , 29^th , 30^th April of 2026 between 11:00 am. to 01:00 pm. and thereafter as and when called by the Investigating Officer till filing of the charge-sheet against the present Applicant.

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( iii ) The Applicant is directed not to tamper with the evidence and shall not threaten the complainant or the witnesses.

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( iv ) The Applicant shall attend the trial on each and every date unless so exempted by the trial Court on emergency conditions.

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( v ) The Applicant shall submit his Aadhar and PAN Cards to the Investigating Officer and detailed addresses and phone numbers of himself and two of the near relatives.

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( vi ) A single violation of the aforesaid conditions, would entitle the prosecution to seek cancellation of bail of the Applicant on that ground.

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( vii ) With the aforesaid directions, the application is disposed of.

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MEHROZ K. PATHAN JUDGE

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NAJEEB..

Afzal Manjur Qureshi v. the State of Maharashtra and Another

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Afzal Manjur Qureshi v. the State of Maharashtra and Another

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