Sayyad Abdulla Azgar Ali v. The State Of Maharashtra

33. BA-3192-2021.doc BDP-SPS-TAC BHARAT DASHARATH PANDIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3192 OF 2021 by BHARAT DASHARATH PANDIT Date: 2021.12.16 15:01:44 +0530 SAYYAD ABDULLA AZGAR ALI ....Applicant.

V/s THE STATE OF MAHARASHTRA .....Respondent Mr. Aashay Topiwala i/b Mallika Sharma for the Applicant. Mrs. J.S. Lohokare, APP for the Respondent State. CORAM: NITIN W. SAMBRE, J.

DATE: DECEMBER 15, 2021 P.C.:- 1] Applicant is chargesheeted for the offence punishable under Sections 354, 323, 506 of the IPC read with Sections 8 and 12 of the POCSO Act after his arrest on 25/04/2021.

2] It appears that victim has suffered simple injury as such Section 323 of the IPC is invoked. As far as offence under Section 354 of the IPC and Sections 8 and 12 of the POCSO Act is concerned, maximum punishment prescribed is imprisonment of five years. 3] Applicant has already suffered incarceration for a period of 1/2

33. BA-3192-2021.doc about 7 months. As such, since there are no criminal antecedents, case for bail is made out.

4] Applicant is directed to be released on bail in C.R. No.151 of 2021 registered with Mahim Police Station for the offence punishable under Sections 354, 323, 506 of the IPC read with Sections 8 and 12 of the POCSO Act on furnishing P.R. Bond in the sum of Rs 10,000/- with one or more sureties in the like amount. Applicant shall neither directly or indirectly try to influence the prosecution witnesses nor tamper with the evidence. Applicant shall not try to establish contact with the victim or her family members. Applicant shall remain outside the jurisdiction of the concerned Police Station till conclusion of the trial.

5] Application is disposed of.

( NITIN W. SAMBRE, J. ) 2/2