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The high court, while rejecting Avhad’s bail application, noted that the elderly man was mercilessly beaten and found prima facie material against Avhad to warrant further investigation
The Bombay High Court recently rejected the anticipatory bail application of Akash Rajendra Avhad, who was booked for assaulting a 71-year-old Muslim man on suspicion of carrying meat on a train.
A single-judge bench of Justice RN Laddha heard Avhad's application, who was initially booked under a bailable offense but later faced non-bailable charges, prompting his approach to the high court.
The prosecution alleged that on August 28, 2024, between 1 p.m. and 1:30 p.m., on the Dhule-CSMT train, the elderly man was assaulted by five to six unknown individuals, including Avhad, over a jar of alleged ox meat.
Avhad and others allegedly restrained the man from alighting at Kalyan Railway Station, assaulting and threatening to kill him.
Avhad argued that he did not assault the informant and claimed that the police had falsely implicated him. He pointed out the two-day delay in filing the FIR and contended that the allegations were fabricated.
The prosecution, on the other hand, argued that Avhad had recorded the entire assault on his mobile phone, which needed to be seized as evidence.
Additionally, it argued that Rs. 2,800, reportedly taken during the incident, had to be recovered. The prosecution highlighted that the informant, a 71-year-old man, was brutally assaulted and that the investigation was at an early stage, making Avhad's custody necessary.
The high court, while rejecting Avhad’s bail application, noted that the elderly man was mercilessly beaten and found prima facie material against Avhad to warrant further investigation.
“Prima facie, there is material to indicate that the applicant assaulted the informant and recorded the assault on his mobile phone. The informant lost Rs.2,800/- in the incident. The informant, 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" the order reads.
Case title: Akash Rajendra Avhad vs State of Maharashtra
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