Bombay High Court denies anticipatory bail to accused booked for assaulting man over beef suspicion

The Bombay High Court recently denied anticipatory bail to Akash Rajendra Avhad accused of assaulting a 71-year-old passenger aboard a moving train over suspicions that he was carrying beef [Akash Rajendra Avhad v. The State of Maharashtra]

Single-judge Justice RN Laddha rejected the application, stating that custodial interrogation of Avhad was necessary for the investigation.

The Court observed that the victim, a senior citizen, had been severely assaulted during 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 accused would be necessary," the Court said in order of October 18.

The incident occurred on August 28 aboard the Dhule-CSMT Express. The victim, traveling from Chalisgaon to Kalyan to visit his daughter, was carrying two plastic jars containing buffalo meat. Fellow passengers suspected that the jars contained beef and confronted the victim. When he mistakenly claimed the jars held ox meat, an argument broke out, quickly escalating into a violent altercation.

The victim was physically assaulted by several passengers, including Akash Avhad, who along with others, also filmed the entire incident on a mobile phone. The assault continued until the train reached Thane Railway Station. ₹2,800 was also taken from his pocket.

After the altercation, the victim disposed of the jars in Kalyan Creek before seeking medical treatment at a hospital.

Avhad was initially arrested on September 1 before being granted bail by a magistrate court in Kalyan, as the charges against him were bailable at the time.

However, on September 2, the prosecution added more serious charges, including Section 302 (hurting religious sentiments) and Section 311 (robbery or dacoity, with attempt to cause death or grievous hurt) of the Bharatiya Nyaya Sanhita.

This led to concerns that Avhad could be re-arrested due to the non-bailable nature of the new charges, prompting him to seek anticipatory bail.

During the hearing, Avhad’s counsel argued that his client had been falsely implicated,

He highlighted that there was a delay of two days in filing the FIR which suggesting that the allegations were fabricated. He also stated that Avhad was willing to cooperate with the investigation.

The counsel representing the State argued that the assault was a serious offence and it further aggravated by the fact that the assailants had filmed the incident. He emphasized that custodial interrogation was essential to recover any evidence, including the mobile phone allegedly used to record the assault. He also highlighted that the stolen money was yet to be recovered, and the co-accused were still at large.

After considering the submissions, the Court ruled that granting anticipatory bail would hinder the investigation and dismissed the application.

Advocate Saurabh Ghag along with advocates Divya Bhatia and Akshata Sawant appeared for the accused.

Additional Public Prosecutor Swapnil Pednekar appeared for the State.

[Read Order]