Siraj Yusuf Qureshi v. The State Of Maharashtra And Another

2024:BHC-AUG:27852

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 923 ANTICIPATORY BAIL APPLICATION NO. 1611 OF 2024 Siraj Yusuf Qureshi

VERSUS

The State Of Maharashtra And Another ...

Advocate for Applicant : Mr. S. K. Chavan h/f Ms. Deshmukh Manisha Digambar APP for Respondents-State: Mr. P. K. Lakhotiya ...

CORAM : ARUN R. PEDNEKER, J.

Dated : November 28, 2024.

PER COURT :- 1.

Heard learned counsel for the applicant and the learned APP for the respondent-State.

2.

The applicant is apprehending arrest in connection with FIR No.269/2024, dated 22/05/2024, registered at Partur Police Station, District Jalna, for the offences punishable under sections 379, 411 read with 34 of the Indian Penal Code.

3.

The learned Counsel for the applicant submits that the present applicant/accused has been implicated based solely on the statement of a co-accused, who alleged that he sold two she-buffaloes to the applicant. The incident is stated to have occurred on 07/05/2024, while the FIR in the instant case was registered 15 days later. 4.

Apart from this specific statement, there is no other evidence linking the applicant to the co-accused who made the statement. 1 of

923 ABA 1611-2024 Furthermore, it is informed that the police conducted a search of the applicant's premises, but nothing incriminating was recovered. 5.

In view of the above, the application is allowed in the following terms :

i] In the event the applicant/s is/are arrested in connection with FIR No.269/2024, dated 22/05/2024, registered at Partur Police Station, District Jalna, for the offences punishable under sections 379, 411 read with 34 of the Indian Penal Code, he shall be released on bail on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.

ii] The applicant shall attend the police station as and when called by the police.

iii] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case. iv] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court. 6.

In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled. 2 of

923 ABA 1611-2024 7.

It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove. 8.

The application stands disposed of.

( ARUN R. PEDNEKER, J. ) vj gawade/-.

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