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Bombay High CourtABA/776/2017others disposed off

Abrar Ahmad Ataullah Ansari And ANR v. The State Of Maharashtra

2017-06-09Hon'Ble Shri Justice Prakash D. Naik3 pages

rpa 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRI. ANTICIPATORY BAIL APPLICATION NO.776 OF 2017 1) Abrar Ahmad Ataullah Ansari;

2) Ataullah @ Bhulle Samimullah Ansari .. Applicants Vs.

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

Mr. F.A. Ansari, Advoate for the Applicants.

Mr. M. G. Patil, APP for the Respondent - State. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

JUNE 9, 2017.

P.C. :

This is an application for anticipatory bail. The applicants apprehend arrest in connection with C.R.No. I-49 of 2017 registered with Nizampura Police Station, Bhiwandi, District - Thane for the offences punishable under Section 326, 504 and 506 read with Section 34 of the IPC.

The prosecution case is that on 2nd March, 2017, there was a quarrel between the co-accused Israr Ansari and the complainant. After that, the accused abused and assaulted the complainant. The elder brother of the complainant intervened in

rpa 2/3 the quarrel. The accused assaulted him. The co-accused Israr Ansari assaulted the complainant by using a hammer. Applicant no.2 is father of applicant no.1. The role assigned to the applicants is that they assaulted the complainant by fist blows.

Taking into consideration, the overt-act attributed to the applicants, I am inclined to allow this application. Hence, I pass the following order:

:: O R D E R ::

(i) The anticipatory bail application is allowed; (ii) Interim order dated 28th April, 2017 passed by this Court is hereby confirmed;

(iii) Applicants are directed to report Nizampura Police Station, Bhiwandi, District - Thane once in a week on every Saturday between 10.00 a.m. to 12.00 noon;

(iv) Applicants shall not tamper with the prosecution witnesses;

rpa 3/3 (v) Anticipatory Bail Application stands disposed of accordingly.

(PRAKASH D. NAIK, J.)