Abhishek @ Ankur Tarkeshwar Singh v. State Of Maharashtra

3. BA 1568 of 2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1568 OF 2024 Abhishek @ Ankur Tarkeshwar Singh ...Applicant vs.

The State of Maharashtra

...Respondents

***** Rahul Arote Advocate for the Applicant Mr. A. D. Kamkhedkar APP for the Respondent-State PSI Dattatraya Nagargoje Virar Police Station ***** CORAM : S. M. MODAK, J.

DATE : 01st JULY 2024 P. C. :- 1.

Heard learned Advocate for the Applicant-accused. 2.

His bail was rejected by the Court of the Special Judge, MCOC, Thane as per Order dated 22/02/2024. The materials against the accused are referred in para no. 5. It consists of following: a) CCTV footage at Banaras Hindu University. b) CCTV footage collected from Kalyan Railway Station. c) Statements of the witnesses depicting the presence of the Applicant at the scene of the offence.

3.

Learned Advocate for the Applicant made the following Seema 1/2

3. BA 1568 of 2024.doc submissions:

a) CCTV footage cannot take the case of the prosecution further to show the involvement unless accompanied by other materials. b) After perusal of the bulky charge-sheet, he could not notice any statement of the witnesses depicting the presence of the Applicant on the spot.

4.

Learned APP seeks time to file an affidavit-in-reply. He can do so. He can deal with this contention and also point out the materials against the Applicant from the charge-sheet. Let affidavit be filed in the Office within three weeks. Copy be served on the other side. 5.

Matter be kept on 29th July 2024.

6.

It is made clear that on that date the Court will not adjourn the matter in any eventuality and that is why sufficient time is granted for filing an affidavit. It is made clear erring party will be saddled with cost of atleast of Rs.10,000/- [S. M. MODAK, J.] Seema 2/2 Signed by: Seema Yelkar Designation: PA To Honourable Judge Date: 02/07/2024 14:56:15