Waris Zahid Ali Ansari v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.209 OF 2021 Waris Sahid Ali Ansari Applicant versus The State of Maharashtra Respondent Mr.Salman Khan for applicant.

Mrs.M.R.Tidke, APP, for State.

CORAM : PRAKASH D. NAIK, J.

DATE : 9th February 2021 PC :

1.

The applicant is apprehending arrest in connection with CR No.I-228 of 2020 registered with Bhoiwada Police Station, Bhiwandi for offences under Sections 394, 324, 323, 504 r/w 34 of Indian Penal Code.

2.

It is alleged that on 23rd December 2020, informant has altercation with Fauzan and applicant on money transaction. Complaint was filed with Police. On 25th December 2020, brother of Fouzan caught complainant's neck. He was assaulted by fist blows. Fauzan snatched bhis mobile and assaulted him. Applicant came to the spot and assaulted by wooden stick on head. Fauzan and his brother assaulted by first blows. They took Rs.1,500/- from his wallet.

3.

Learned APP states that there are two antecedents against Manish S. Thatte Manish S. Thatte Date: 2021.02.18 17:50:04 +0530 applicant. Offence are under Sections 326, 323 of IPC and u/s 354 of IPC.

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There is cross complaint against complainant registered with same Police Station vide CR No.I-229 of 2020 for offences under Sections 394, 324, 323, 504 r/w 34 of IPC. Fauzan was arrested and granted bail. Fawaz Shaikh was granted anticipatory bail. Apparently Section 394 was invoked deliberately. In the facts of the case, relief can be granted to applicant under Section 438 of Cr.P.C.

ORDER

(i) Anticipatory Bail Application is allowed and disposed of; (ii) In the event of arrest of applicant in connection with CR No.I228 of 2020 registered with Bhoiwada Police Station, Bhiwandi, the applicant be released on bail on his executing PR bond in the sum of Rs.25,000/- with one or more sureties in the like amount; (iii) The applicant shall not enter into the jurisdiction of Bhoiwada Police Station, Bhiwandi for six months;

(iv) The applicant shall attend Investigating Officer on 16th, 17th and 22nd February 2021 between 11 am and 1 pm, and thereafter as and when called for till filing of charge sheet; (v) The applicant shall not approach the complainant and shall not tamper with evidence.

5.

this Court. All concerned will act on production by fax or e-mail of a (PRAKASH D. NAIK, J.) MST