← Library
Bombay High CourtABA/1752/2019rejected

Nagesh Samarbahadur Singh v. The State Of Maharashtra

2021-08-09Hon'Ble Shri Justice Nitin W. Sambre2 pages

916.1752.19 ABA.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1752 OF 2019 NAGESH SAMARBAHADUR ....APPLICANT SINGH V/s.

THE STATE OF MAHARASHTRA .....RESPONDENT WITH INTERIM APPLICATION NO. 387 OF 2019 ZULFIKAR KASAM MOMIN ....APPLICANT

IN THE MATTER BETWEEN

NAGESH SAMARBAHADUR ....APPLICANT SINGH V/s.

THE STATE OF MAHARASHTRA .....RESPONDENT None for the applicant Ms. Sharmila S. Kaushik APP for the State None for the intervener CORAM :

NITIN W. SAMBRE, J.

DATE:

AUGUST 9, 2021.

P.C.:

1] On last occasion so also today, none appeared for the applicant. 1/2

916.1752.19 ABA.doc Applicant was granted ad-interim protection vide order dated 09/08/2019 based on his defence that on the day of incident, he was not present in Mumbai but was present in one wedding in Uttar Pradesh.

2] Learned APP informs that said angle is also investigated into and there is no material/evidence available to infer the presence of applicant in the said wedding. Apart from above, suffcient material is brought to the notice of the court to infer that applicant was in touch with other co-accused.

3] In that view of the matter, no case for pre-arrest bail is made out. Application stands rejected. Consequently, ad-interim protection granted vide order dated 09/08/2019 stands vacated. [NITIN W. SAMBRE, J.] by IRESH SIDDHARAM MASHAL Date: 2021.08.10 13:19:47 +0530 IRESH SIDDHARAM MASHAL 2/2