← Library
Bombay High CourtBA/1000/2022application allowed

Sayyad Salman Sayyad Saud v. The State Of Maharashtra

2022-07-26Hon'Ble Shri Justice R. G. Avachat2 pages

Bail Appln.No.1000/2022 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1000 OF 2022 Sayyad Salman s/o Sayyad Saud ... APPLICANT

VERSUS

The State of Maharashtra ... RESPONDENT .......

Mr. A.R. Kawade, Advocate for applicant Mr. N.T. Bhagat, A.P.P. for respondent .......

CORAM :

R. G. AVACHAT, J.

DATE :

26th JULY, 2022.

PER COURT :

This is an application under Section 439 of the Code of Criminal Procedure. The applicant has been arrested in connection with Crime No.161/2022, registered at Jinsi Police Station, Aurangabad for the offence punishable under Sections 353, 186, 504, 506 read with Section 34 of the Indian Penal Code, Section 135 of the Maharashtra Police Act, 1951 and Sections 4 and 5 of the Arms Act, 1959. 2.

The F.I.R. has been lodged by a Police Constable attached to Traffic Department. It is alleged in the F.I.R. that, on 22/6/2022, he was on night duty. He was present at Seven Hill Point. At about 6.00 p.m., he intercepted one motorcyclist and asked him to show his driving licence and the vehicle

Bail Appln.No.1000/2022 :: 2 ::

registration papers. The person who was riding pillion abused the informant and threatened him at a knife point. The applicant herein was riding the said motocycle. He is not attributed with any overt criminal act. The co-accused was a pillion rider. It was he who had abused the informant and threatened him at knife point. Since the applicant has not been attributed with any incriminating role, I am inclined to grant bail to the applicant. Hence the order :-

O R D E R

(i) The Bail Application is allowed.

(ii) The applicant be released on bail Crime No.161/2022, registered at Jinsi Police Station, Aurangabad for the offence punishable under Sections 353, 186, 504, 506 read with Section 34 of the Indian Penal Code, Section 135 of the Maharashtra Police Act, 1951 and Sections 4 and 5 of the Arms Act, 1959 on his executing P.R. bond in the sum of Rs.15,000/- (Rupees fifteen thousand) with one surety in the like amount.

(iii) The applicant shall not tamper with the prosecution evidence.

( R. G. AVACHAT ) JUDGE fmp/-