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Bombay High CourtABA/427/2019anticipatory bail rejected

Faizal Fayas Khan And ORS v. The State Of Maharashtra

2019-02-18Hon'Ble Shri Justice Prakash D. Naik2 pages

spb/ 38aba427-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 427 OF 2019 Mr. Faizal Fayas Khan & Others ... Applicants.

V/s.

The State of Maharashtra ... Respondent.

--- Ms. Nidhi S. Sharma, Advocate, for the Applicants. Mr. S. R. Agarkar, APP for the State.

(Mr. S. V. Sonawane, I/o. Mira Road Police Station, is present.) --- CORAM : PRAKASH D. NAIK, J.

DATE : FEBRUARY 18, 2019.

PC :

This is an application by the applicant for anticipatory bail in connection with the CR No. I-06 of 2019, registered with Mira Road Police Station, Thane, for the offence under sections 326, 323, 324, 504 & 506 read with section 34 of the Indian Penal Code. Subsequently, on the basis of the medical certificate, section 326 was added. The Complainant has stated that all the accused persons, who were armed with weapons have assaulted the complainant and another injured person. The complainant Borey 1/2

spb/ 38aba427-19.odt had received two injuries CLW-V left temporal region and right waist. Other witness Mohd. Talim Khan had sustained fracture on little finger of hand. From the first information report and investigation papers, it is revealed that the main role has been attributed to the present applicant. Considering the nature of evidence, no case for grant of anticipatory bail made out.

Application is rejected.

(PRAKASH D. NAIK, J.) .....

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