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Bombay High CourtBA/949/2021disposed off

Firoz Bilal Ansari v. The State Of Maharashtra

2021-10-13Hon'Ble Shri Justice Nitin W. Sambre3 pages

IRESH SIDDHARAM MASHAL Date: 2021.10.14 11:00:29 +0530 IRESH SIDDHARAM MASHAL ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 949 OF 2021 FIROZ BILAL ANSARI ....APPLICANT V/s.

THE STATE OF MAHARASHTRA .....RESPONDENT Mr. Devendra Patil advocate for the Applicant Ms. A. A. Takalkar APP for the State Mr. Nilesh Badakh, PI, Shantinagar Police Station CORAM :

NITIN W. SAMBRE, J.

DATE:

13th OCTOBER, 2021.

P.C.:

1] Applicant is seeking regular bail in C.R. No. 339/2018 registered with Shantinagar Police Station for offence punishable under Sections 302, 324, 504, 506, 109 r/w 34 of the Indian Penal Code.

2] Prosecution case is, complainant wife of deceased Raju alleged murder of her husband by co-accused who was aided by present 1/3

applicant.

3] Said incident was witnessed by minor son of complainant and deceased namely Yunus, however, said witness has not named the applicant with any active role. So also other witness Naushad also not named the applicant.

4] Though learned APP claimed that other witnesses namely Dayanand Israel and Rafiullah have named the applicant, their testimony appears to be based on hearsay evidence and they have not named the applicant with any specifc attribution of active participation in the offence.

5] There are no criminal antecedents against the applicant. 6] In view of above, case for grant of bail is made out. Hence, following order.

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(i) Applicant be released on bail in C.R. No. 339/2018 registered with Shantinagar Police Station for offence punishable under Sections 302, 324, 504, 506, 109 r/w 34 of the Indian Penal Code upon furnishing P.R. bond in the sum of Rs. 25,000/- with one or two/more sureties in the like amount.

(ii) Applicant shall neither infuence witnesses in any manner nor tamper with evidence.

(iii) Applicant shall remain outside the jurisdiction of the concerned police station till the conclusion of the trial.

7] Application stands disposed of.

[NITIN W. SAMBRE, J.] 3/3