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Bombay High CourtBA/999/2024application allowed

Shaikh Anas Shaikh Sarfaraz v. The State Of Maharashtra And Another

2024-07-11Hon'Ble Shri Justice S. G. Mehare2 pages

2024:BHC-AUG:13803 945-ba-999-2024.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 999 OF 2024 Shaikh Anas Shaikh Sarfaraz

VERSUS

The State Of Maharashtra And Another ...

Advocate for Applicant : Mr. Shaikh Kayyum Najir APP for Respondent/State : Ms. S.S. Joshi Advocate for Respondent No.2 : Ms. S.D. Magre h/f Mr. V.B. Patil ...

CORAM : S.G. MEHARE, J.

DATED : JULY 11, 2024 PER COURT:- 1.

Heard learned counsel for the applicant, learned APP for the State and learned counsel for the victim. 2.

The applicant seeks bail in Crime No.176 of 2024 registered with Cantonment (Chawani) Police Station, District Aurangabad for the offence punishable under Sections 307, 354, 323, 506 r/w 34 of the Indian Penal Code and Section 8 of the Protection of Children From Sexual Offences Act, 2012.

3.

The facts of the case reveal that both side persons were injured. However, the contradictory allegations have been made that the relatives of the victim girl were objecting why the applicant was talking to her and the victim alleged that the applicant caught her hand saying that he like her. The quarrel took place due to the victim girl. It has been alleged that the applicant assaulted the injured with

945-ba-999-2024.odt (2) knife. However, the injury report does not support the allegations. The injured has suffered simple injuries. He has been discharged. The friend of the applicant had also been assaulted and he suffered injuries. Considering the reason for the quarrel, nature of injuries and the age of the applicant having no antecedents to his discredit, the applicant deserves bail. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant, Shaikh Anas Shaikh Sarfaraz, be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount in the above crime, on the conditions that; (a) The applicant shall not tamper with the prosecution witnesses and shall attend the trial on each and every date.

(b) The applicant shall not enter Begumpura locality for three months from the date of his release.

(c) The applicant shall not contact the victim in any mode or manner till the trial is concluded.

(S.G. MEHARE, J.) Mujaheed//