Mazahar Hussain Nurrulain Ansari v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION SATISH RAMCHANDRA SANGAR BAIL APPLICATION NO.1892 OF 2024 SATISH RAMCHANDRA SANGAR Date: 2024.07.24 14:42:07 +0530 Mazahar Hussain Nurrullain Ansari Age : 26 Years, Occu. : Fruit Seller, R/o. : Ansar Mohalla, Panya Chawl, Behind Near Metro Hotel, Bhiwandi, Bhiwandi, Thane.

...Applicant vs.

State of Maharashtra (At the instance of Shanti Nagar Police Station - Bhiwandi).

...Respondent

***** Mr.Mahesh Funde:- Advocate for Applicant.

Ms.Sangita E. Phad:- APP for Respondent-State.

Mr.Yogesh Ghodake-PSI:- Shanti Nagar Police Station.

***** CORAM : S. M. MODAK, J.

DATE : 22nd JULY 2024 P. C. :- 1.

Heard learned Advocate for the Applicant - Accused No.2 and learned APP.

2.

It is true that earlier Bail Application of this Applicant No.4175 of 2021 was rejected on merits on 28th March 2023. Liberty was granted to him to apply after one (1) year, if the trial will not proceed. 1/3

3.

A report of the trial Court was called which was submitted as per the letter dated 20th July 2024. The Accused No.1 is on bail. The present Applicant/accused No.2 is in jail. Yet, charge is not framed. The trial is likely to start within two (2) months after framing of charge.

4.

A case for bail is made out. All the witnesses are from Bhiwandi. The Applicant can stay outside Bhiwandi. Hence, following order:-

O R D E R

(i) Bail Application is allowed.

(ii) The Applicant - Mazahar Hussain Nurrullain Ansari arrested in connection with C.R. No.126 of 2021 registered with Shanti Nagar Police Station, District : Thane for the offences punishable under Sections 302 read with 34 of IPC, be released on bail on furnishing personal bond and surety bond of Rs.50,000/- (Rupees Fifty Thousand Only). (iii) The Applicant to furnish the surety from Thane district. (iv) The Applicant not to enter Bhiwandi Municipal Corporation limits and he should inform his alternate place of residence to the Police and the Court prior to furnishing of Bail. (v) The Applicant not to threaten the prosecution witnesses or to allure them in any manner.

(vi) The Applicant is directed to attend the trial Court punctually.

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(vii) If there is change of address, the Applicant should inform to the trial Court.

(viii) In case of breach of the above conditions, the bail of the Applicant is liable to be cancelled after notice. 5.

In view of the above, Bail Application is disposed of. 6.

The parties to act upon an authenticated copy of this order. [S. M. MODAK, J.] 3/3