Mumbai: The Bombay High Court recently refused to grant pre-arrest bail to a man accused of thrashing a 71-year-old man in a Mumbai bound express train after accusing the latter of carrying beef.
The high court noted that the senior citizen was “mercilessly assaulted” and custodial interrogation of Akash Avhad may be required as investigation 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,” Justice RN Laddha said on October 18. The judge also said that granting pre-arrest bail would jeopardise the course of effective investigation.
Avhad approached rhe HC apprehending that he would be arrested again as the police 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.
The Thane police had registered a. FIR against Avhad and others for assault. They were arrested and later released on bail.
On August 28, the complainant was travelling to Kalyan on the Dhule- CSMT (Chhatrapati Shivaji Maharaj Terminus) in Mumbai in the general coach from Chalisgaon. When he picked up his bag to alight at Kalyan, a few passengers suspected that his bag contained beef and stopped him.
Despite telling the group of men that the meat was not beef but buffalo meat which is not banned, the alleged assailants started abusing and assaulting him.
The court noted that the complainant was assaulted by five to six unknown men, including Avhad, 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 added.
