Assault over beef: Bombay HC rejects bail application of one accused in train

The Bombay HC denied anticipatory bail to Akash Avhad, accused of assaulting Ashraf Maniyar over beef suspicion, highlighting the need for further investigation

MUMBAI: In what may come as a relief to Ashraf Maniyar, 72, who was assaulted by a group of young men in a train in August, on suspicion of carrying beef, on Friday the Bombay high court (HC) rejected the anticipatory bail application of one of the accused, Akash Avhad.

The Bombay High Court (HT FILE PHOTO) (HT_PRINT)

On August 28, after a video of the incident went viral, it came to light that Maniyar, who was travelling from Chalisgaon, in Jalgaon district, to his daughter’s home in Kalyan, was being beaten up for carrying two jars of buffalo meat.

Arguing against the grant of anticipatory bail to Avhad, additional public prosecutor (PP) Swapnil Pednekar said that the police needed to seize Avhad’s phone because he had allegedly recorded the assault. Maniyar had ₹2800 in his pocket, which went missing during the assault. The PP stressed that the amount needed to be recovered and the other absconding accused arrested.

In the order, uploaded on Monday, rejecting Avhad’s application, Justice R N Laddha pointed out that prima facie, there was material to indicate that Avhad assaulted Maniyar and recorded the assault on his mobile phone. The order stated that Maniyar was “assaulted mercilessly’’ and also lost ₹2800 that he was carrying with him.

The judge agreed with the prosecution that the investigation was at a nascent stage and custodial interrogation was necessary to take it forward.

Avhad’s lawyer argued that there was a delay in filing the FIR, and that the allegations were fabricated.

The delay in the FIR, which was filed only on August 31, three days after the incident, was because the police at Thane railway station did not record Maniyar’s complaint when he approached them as soon as he alighted from the train – a fact recorded in the HC order. It was only after the video went viral, sparking outrage, that the police traced him and recorded his complaint.

Later that night, they arrested three accused: Avhad, Nilesh Ahire and Jayesh Mohite, but applied only bailable sections of the BNS against them. Hence, they got bail as soon as they were produced before the magistrate on September 1.

Again, it was public anger and NCP (SP) MLA Jitendra Awhad’s intervention that led to additional charges under BNS Sections 302 (uttering words with deliberate intent to wound religious feelings) and 311 (dealing with robbery), being filed against them. Their bail was cancelled, but the three went into hiding. Subsequently, two more accused were arrested, who are currently in jail.

On October 8, a sessions court rejected the anticipatory bail of all the three absconding accused, following which, Avhad approached HC.

The police’s handling of the case prompted Mumbai-based advocate Saif Alam to file an intervention application. However, while his application was not taken on record, he continues to follow the case.