Imran Yusuf Qureshi @ Mulla Cutter v. The State Of Maharashtra And Another
2024:BHC-AUG:12266 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO.2145 OF 2023 Imran Yusuf Qureshi @ Mulla Cutter, Age-30 years, Occu:Business, R/o-Ward No.2, Shrirampur City, Tq-Shrirampur, Dist-Ahmednagar.
...APPLICANT
VERSUS
1) The State of Maharashtra, Through Shrirampur City Police Station, Tq-Shrirampur, Dist-Ahmednagar,
2) X Y Z ...RESPONDENTS ...
Mr. Satej S. Jadhav Advocate a/w. Mr. Aquif H. Qureshi Advocate for Applicant.
Mr. S.D. Ghayal, A.P.P. for Respondent No.1 - State. Mr. P.S. Salunke Advocate for Respondent No.2. ...
CORAM: S.G. MEHARE, J.
DATE : 27th JUNE, 2024 ORDER :
1.
Heard learned counsel for the applicant, learned APP for the State and learned counsel for the victim. 2.
Applicant seeks bail in Crime No. 733 of 2022 registered
with Shrirampur City Police Station, Taluka-Shrirampur, DistrictgAhmednagar for the offence punishable under Sections 376(2) (n)(1) and 376(D) of the Indian Penal Code. The offences under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act were applied but at the time of filing of the charge-sheet those have been removed. 3.
The FIR reveals that for the first time the offence was registered after one year of the alleged incident. The applicant has a case that the applicant has been implicated falsely in the crime. He has been implicated in many cases. The co-accused was also implicated in false cases. The victim came forward and filed affidavit stating that a report was lodged due to the dispute with the son of the complainant. She realized the mistake. 4.
The learned counsel for the applicant fairly submitted that there were many cases registered against the applicant. But now only few cases are pending and in most of the cases bail has been granted.
5.
Learned APP has suggested that instead of granting bail to the applicant, the trial may be opened and it be disposed of
expeditiously.
6.
However, there are other co-accused in the matter. We have no data when the trial would conclude. Considering the facts of the case and the way in which the applicant has been roped in the crime, it would be inappropriate to keep him behind the bars. Hence the following order:-
O R D E R
(I) The Bail Application is allowed.
(II) The applicant - Imran Yusuf Qureshi @ Mulla Cutter 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 condition that:- (a) The applicant shall not enter in Shrirampur city till the conclusion of the trial from the date of his release, except for attending the trial.
(b) The applicant shall not tamper with the prosecution witnesses.
(c) The applicant shall attend the trial on each and every effective date.
[ S.G. MEHARE , J. ] asb/JUNE24