NEW DELHI: The Bombay high court refused pre-arrest bail to a man who allegedly thrashed a 71-year-old man on suspicion that the latter was carrying beef on a train both were travelling.
A single bench of Justice R N Laddha, in the order dated October 18, refused anticipatory bail to Akash Avhad, while noting that the elderly man was “mercilessly assaulted”.
The high court said that his custodial interrogation may be required as the investigation in the case was at an initial 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 was quoted as saying by news agency PTI.
The court further added that giving relief to Avhad in the form of pre-arrest bail could “jeopardise the course of effective investigation”.
The accused moved court fearing that he may be arrested again as the cops invoked fresh charges against him under the Bhartiya Nyaya Sanhita. The charges included sections mandating punishment if someone intentionally hurts the religious feelings of another person through words, gestures, or objects and dacoity and causes grievous hurt.
What is the case?
On August 28, the 71-year-old man was travelling from Chalisgaon to Kalyan on the Dhule-CSMT (Chhatrapati Shivaji Maharaj Terminus) express.
Upon the train reaching the Kalyan railway station, when he picked up his bag to alight, a few passengers suspected him of carrying beef and stopped him.
Despite explaining what he carried was buffalo meat, which is not banned in Maharashtra, the men abused and thrashed him.
The police have claimed that Avhad 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 Avhad, over a jar of alleged beef.
After the incident, the man registered a case at Thane police station. The accused, however, were later released on bail.
“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.