Abrar Akbar Khan v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1277 OF 2015 Abrar Akbar Khan ... Applicant Vs The State of Maharashtra ... Respondent Mr.Moinuddin Khan, for the Applicant.

Mr.S.S.Pednekar, APP for the Respondent - State. API - Pathare, R.A.K. Marg Police Station, Mumbai. CORAM : REVATI MOHITE DERE, J.

DATE : 08th SEPTEMBER, 2015 P.C. :

1.

Heard learned counsel for the Applicant and learned APP for the Respondent - State.

2.

By this Application, the Applicant seeks pre-arrest bail, in connection with C.R. No. 187 of 2015, registered with the R.A.K. Marg Police Station, Mumbai, for the alleged offences punishable under Sections 141, 143, 147, 149, 323, 353, 333, 504, 506 of the Indian Penal Code.

2/4 3.

The incident in question had take place on 18th April, 2015. It is alleged by the complainant - Shailendrasingh Chauhan, a police constable that the applicant's father -Akbarkhan Pathan was taken to the police station in connection with an offence registered as against him. He has alleged that when the applicant's father was taken to the police station, two ladies entered the police station and asked the police to leave the applicant's father - Akbarkhan and they started abusing the police. It is alleged that thereafter the present applicant and his brother - Ajgar and three unknown persons came there and started scuffling with the police. It is alleged that in the said scuffle, the applicant's father gave a jerk to the police constable and another and escaped. It is alleged that as a result of the jerk, the complainant suffered a grievous injury in his wrist. 4.

Learned Counsel for the Applicant submitted that there are general allegations made against all the accused. He submitted that the applicant is not responsible for the injury caused to the complainant. 5.

Learned APP has produced the injury certificate which shows as 'trauma to right wrist while chasing a person at 10.00 a.m and that the

3/4 nature of injury is 'fracture to right scapula'. The said injury was caused by the father of the applicant and not the applicant. 6.

Considering the nature of allegations qua the present applicant, the applicant is granted anticipatory bail on the following terms and conditions :-

ORDER

i) In the event of arrest, the Applicant be enlarged on bail on furnishing P.R.Bond in the sum of Rs.15,000/- with one or two sureties in the like amount ;

ii) The Applicant shall attend the R.A.K. Marg Police Station, Mumbai, on every Saturday, between 10.00 a.m. to 1.00 p.m., till the filing of the charge sheet and thereafter on the 1st Saturday of every month, for a period of 12 months after his release ;

iii) The Applicant shall not tamper or attempt to contact or influence the complainant or any persons concerned with the case ;

iv) The Applicant shall co-operate in the conduct of the trial.

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The Application is allowed and disposed of in above terms. 8.

It is made clear, that the observations made herein are prima facie and are confined to this application and the learned Judge to decide the case on its own merits, uninfluenced by the observations made herein. 9.

Parties to act upon the authenticated copy of this order. REVATI MOHITE DERE, J.

CERTIFICATE Certified to be true and correct copy of the original signed Judgment/order.