Mohd. Kaif Riyaz Khan And ANR. v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1301 OF 2021

1. Mohd. Kaif Riyaz Khan

2. Faisal Abdul Rahim Shaikh Applicants versus The State of Maharashtra Respondent Mr.Pravin Gaikwad for applicant.

Ms.Anamika Malhotra, APP, for State.

CORAM : PRAKASH D. NAIK, J.

DATE : 19th April 2021 PC :

1.

This is an application for bail in CR No.54 of 2021 registered with Azad Maidan Police Station, Mumbai for offences under Sections 279, 353, 337 r/w Section 34 of Indian Penal Code, and under Sections 184, 179, 3 and 181 of Motor Vehicles Act. 2.

The case of the prosecution is that on 1st March 2021 the complainant and others were on duty. They were conducting Nakabandi. At about 9.45 pm, it was noticed that two persons were riding on two wheeler in full speed. The police tried to stop them. They gave dash to the policeman causing injury. Accused also obstructed policeman while discharging duty. The applicant is in custody from 2nd March 2021. Presently he is under judicial custody. The applicant is not having any other criminal antecedent. 3.

Learned APP submitted that investigation is complete. Charge sheet would be filed shortly. The applicant was driving two wheeler

2 of 2 27.BA.1301.2021.doc without license. The applicant is in custody from 2nd March 2021. Further detention is not necessary. Bail can be granted to the applicant. Hence, I pass following order :

ORDER

(i) Bail Application is allowed and disposed;

(ii) The applicant is directed to be released on bail in connection with CR No.54 of 2021 registered with Azad Maidan Police Station, Mumbai, on executing PR bond in the sum of Rs.25,000/- with one or more sureties in the like amount;

(iii) The applicant shall report Azad Maidan Police Station once in three months on first Saturday of the month between 11 am and 1 pm till further orders;

(iv) The applicant is permitted to furnish provisional cash bail in the sum of Rs.25,000/- for a period of eight weeks in lieu of sureties. (PRAKASH D. NAIK, J.) MST