Syed Asim Ali S/O Syed Afsar Ali v. State Of Maharashtr, Thr. Police Station Officer, Police Station Akot (City), Tq. Akot, Dist. Akola

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) 885 OF 2021 (Syed Asim Ali s/o.Syed Afsar Ali..vs..State, thr PSO, PS Akot (City), Tq. Akot, Dist. Akola) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. S.V. Sirpurkar, counsel for applicant.

Mrs. K.R. Deshpande, APP for non-applicant /State. CORAM: ROHIT B. DEO, J.

DATE: 08.09.2021.

Heard.

2.

The applicant is seeking bail in connection with Crime 331/2021, registered with Police Station, Akot (City), Akot, for offence punishable under section 302 read with section 34 of Indian Penal Code.

3.

Crime is registered on the basis of report dated 22.4.2021, lodged by Mr. Mujammilkhan, who claims to be an eye witness. The incident occurred at 10.00 p.m. on 21.4.2021. A vivid description of the incident is given in the report. The deceased and his brother had allegedly killed Matin'

s nephew and in order to seek revenge, Matin Ali, Ahmad Ali and Musaddik Ali chased and killed Mr. Abdul

Salman, is the gist of the report. The first informant and the other witnesses have a consistent narrative which did not make any reference even to the presence of the applicant much less to role played by him. It is on 27.5.2021 i.e. more than a month after the incident, that the applicant is implicated in the crime and the first informant states that he also assaulted Abdul Salman with scissor.

4.

Considering the material on record, the fact that the applicant is aged 19 years and that he has no criminal antecedents, he is entitled to bail.

(i) The applicant be released on bail in connection with Crime 331/2021, registered with Police Station, Akot (City), Akot, for offence punishable under section 302 read with section 34 of Indian Penal Code, on executing PR bond of Rs. 16,000/- (Rupees Sixteen Thousand) with one solvent surety of the like amount;

(ii) The applicant shall not, directly or indirectly, make any attempt to influence the witnesses or otherwise tamper with the evidence;

(iii) The applicant shall not leave the country without the permission of the trial Court.

Judge Belkhede