Khalil Ahmad Raees Ahmad v. State Of Maharashtra

2023:BHC-AS:25256

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1832 OF 2023 KHALIL AHMAD RAEES AHMAD ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Mr. Anilkumar K. Patil for the Applicant.

Mr. S. H. Yadav, APP for the State.

API D.J. Badgujar, Pawarwadi Police Station, Malegaon. ------------ CORAM : M. S. KARNIK, J.

DATE : SEPTEMBER 01, 2023 P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for bail in respect of the offence punishable under Sections 307, 326, 143, 147, 148, 149, 452 of the Indian Penal Code (hereafter 'IPC' for short) and under Sections 37(1)(c), 135 of Maharashtra Police Act registered vide C.R. No.I-256 of 2022 with Pawarwadi Police Station, Taluka Malegaon, District Nashik.

3.

The FIR was registered on 15.12.2022. There are six accused. The applicant is accused No.4. The applicant was 1/3

arrested on 15.12.2022 and now in custody for more than eight months. The accusations are that five to six accused entered the house of the injured witness and assaulted him with short weapons, viz knives. Another injured witness tried to intervene when he was assaulted with the knife. So far as the applicant is concerned, the applicant was with the accused when they entered the house. No specific role is attributed to the present applicant of assault. There is no recovery from the applicant. Three knives are recovered from the other co-accused. The trial is likely to take a long time to conclude. The investigation is complete and the charge-sheet has been filed. There are no criminal antecedents reported against the applicant. Hence, the following order :-

O R D E R

(a) The application is allowed.

(b) The applicant-Khalil Ahmad Raees Ahmad in connection with C.R. No.I-256 of 2022 registered with Pawarwadi Police Station shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount.

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(c) The applicant shall attend the Investigating Officer of Pawarwadi Police Station once in a month every first Monday of the month between 11.00 a.m. and 1.00 p.m.

(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence. (e) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.

4.

The application is disposed of.

(M. S. KARNIK, J.) 3/3