Abrar Ahmed Allawaris Shaikh v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 184 OF 2021 Abrar Ahmed Allawaris Shaikh ... Applicant

Versus

The State of Maharashtra ... Respondent .....

Ms. Misbah Solkar i/b. Mr. Amin Solkar, for the Applicant. Mr. Y. M. Nakhwa, APP for the Respondent - State. Mr. Tapase, A.P.I., I.O., Dharavi Police Station, Mumbai, present. .....

CORAM

:

PRAKASH D. NAIK, J.

DATE :

19th MARCH, 2021 PC :

.

This is an application for bail in C.R.No.425/2020 registered with Dharavi Police Station, Mumbai for the offence punishable under Section 307, 326 read with 34 of Indian Penal Code and Section 37(1)(A), 135 of the Bombay Police Act. The applicant was arrested on 13th October 2020.

2.

According to complainant, her brother (injured) came home in Manish S. Thatte Manish S. Thatte Date: 2021.03.22 12:07:10 +0530 an injured condition on 12th October 2020. He had sustained several injuries. He informed the complainant that Farhan Ansari had assaulted him by weapon by giving blow on abdomen and Abrar assaulted him with knife on back and head.

3.

Investigation is completed and the chargesheet is filed. The injured had sustained five injuries, two of them grievous and the rest were simple injuries. It is submitted by learned Counsel for the applicant that injuries which can be attributed to the applicant are simple in nature. The applicant is in custody for substantial period of time. There are no antecedents against him. Further detention of the applicant is not necessary.

4.

Learned APP submitted that the applicant was armed with weapon. Role of assault has been attributed to him. The injured had sustained five injuries.

5.

I have perused the F.I.R. The complaint was lodged by the sister of injured. The case of the prosecution is that the accused had assaulted the victim. Role is attributed to the applicant. The injuries attributed to him are simple. The applicant is in custody from the date of his arrest. On stringent condition, bail can be granted to the applicant.

6.

Hence, the following order.

O R D E R

(i) Bail Application No.184 of 2020, is allowed.

(ii) The applicant is directed to be released on bail in

C.R.No.425/2020 registered with Dharavi Police Station, Mumbai, on executing P.R. bond in the sum of Rs.25,000/- with one or more sureties in the like amount;

(iii) The applicant shall report the concerned Police Station once in three month on first Saturday of every month between 11.00 a.m. to 01.00 p.m.

till further order;

(iv) The applicant shall not approach the injured or any other witnesses. He shall not tamper with the evidence;

(v) Bail Application No. 184 of 2021 stands disposed of accordingly.

(PRAKASH D. NAIK, J.)