Ankit Vishnuprasad Singh v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2837 OF 2019 Ankit Vishnupratap Singh ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Ram Mani Upadhyay, Advocate for the Applicant. Mr. S.R. Agarkar, A.P.P. for the Respondent-State. Mr. Bajirao Naik, A.P.I. Kurar Police Station, Bhiwandi Thane City present.

CORAM : Sandeep K. SHINDE, J.

DATE : 08 th NOVEMBER 2019.

P.C.

Heard learned counsel for the applicant and learned A.P.P. for the Respondent - State.

Applicant is seeking enlargement on bail in Crime No. I 74 of 2019 registered with the Kurar - Police Station, for the offences punishable under Sections 307, 143, 145, 147 to 149, 427, 384, 385 of Indian Penal Code, 1860 read with Section 4, 25 and 27 of Indian Arms Act read with Section 31(1)(2) read with 135 of the Maharashtra Police Act.

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Applicant claims bail, on principles of parity. He relied on order dated 01.10.2019 passed in Criminal Bail Application No. 2471 of 2019, whereby Vivek Sharma (co-accused) has been enlarged on the bail. The role attributed to Vivek Sharma (co-accused) is a same, which has been attributed to the applicant. 4.

It appears that the applicant was directed by this Court to file an affidavit that he will keep and maintain the peace in this area. Pursuant thereto, the applicant has filed the affidavit. It is taken on record and mark X-1 for identification.

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5.

I have perused the order dated 01.10.2019 passed in Criminal Bail Application No. 2471 of 2019. I have also perused the First Information Report. The role attributed to the applicant is the same which is attributed to Vivek (co-accused). The case is made out for releasing the applicant on bail on the following conditions :

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O R D E R

(i) The applicant be enlarged on bail, on executing P.R. Bond in the sum of Rs.25,000/- in the one or more sureties in the like amount;

(ii) The applicant shall attend the concerned Police Station on every Saturday from 10:00 a.m. to 11:00 a.m. commencing from 15 th November, 2019, initially for a period of 6 months and thereafter, on the first Saturday of every month from 10:00 a.m. to 11:00 a.m., till the conclusion of the trial;

(iii) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case;

(iv) The applicant shall not commit similar offence;

(v) The applicant shall inform his latest place 3/5

of residence and mobile contact number and/or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the concerned Police Station;

(vi)The applicant to cooperate with the conduct of the trial and attend all the dates before the trial Court, unless exempted;

(vii) If there are two consecutive defaults either in attending the Police Station, or breach of any of the aforesaid conditions, the prosecution shall be at liberty to seek cancellation of the applicant's bail;

6.

The application is accordingly disposed of.

7.

It is made clear that the observations made herein are prima facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this 4/5

order.

8.

All concerned to act on the authenticated copy of this order.

(SANDEEP. K. SHINDE, J.) 5/5