HC denies pre-arrest bail to man for attack on senior citizen on suspicion of carrying beef in train

Mumbai, Oct 22 (PTI) The Bombay High Court has refused pre-arrest bail to a man accused of thrashing a 71-year-old man in an express train, suspecting him of carrying beef, noting that the senior citizen was “mercilessly assaulted”.

A single bench of Justice R N Laddha, in the order dated October 18, refused anticipatory bail to Akash Avhad, stating that his custodial interrogation may be required as the probe 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,” the court said.

It further said that granting pre-arrest bail would jeopardise the course of effective investigation.

The accused feared that he would be arrested again, as the police had 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.

Following the incident, a case was registered at Thane police station, and Avhad and the other alleged assailants were arrested and released on bail.

As per the complaint, the 71-year-old man was travelling to Kalyan on the Dhule-CSMT (Chhatrapati Shivaji Maharaj Terminus) express in the general coach from Chalisgaon on August 28.

When he picked up his bag to alight at Kalyan, a few other passengers suspected him of carrying beef and stopped him. Despite telling the men that he was carrying buffalo meat, which is not banned, the alleged assailants started abusing and assaulting 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.

“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.