Bilal @ Mulla Nizam Pathan v. The State Of Maharashtra

974-BA-3152-24.DOC Sayali Upasani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3152 OF 2024 Bilal @ Mulla Nizam Pathan ...Applicant Vs.

The State of Maharashtra

...Respondent

SAYALI DEEPAK UPASANI Ms. Manisha Jadhav i/b Adv. S. K. Kamble, Advocate for Applicant. SAYALI DEEPAK UPASANI Date: 2024.10.09 10:53:36 +0530 Ms. Poonam P. Bhosale, APP for State-Respondent. CORAM:- ANIL S. KILOR, J.

DATED:- 8th OCTOBER, 2024 PC :- 1) Heard.

2) By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No. 105 of 2023 registered with Waliv Police Station, for the offences punishable under Sections 302, 120-B and 201 read with Section 34 of the Indian Penal Code, 1860.

3) The learned Counsel for the applicant submits that the case is based on circumstantial evidence and there is no direct evidence against the applicant. It is submitted that all other accused persons were 1/2

974-BA-3152-24.DOC released on bail except the applicant. Accordingly, she prays for grant of bail.

4) The learned APP is strongly opposed the application and pointed out CCTV footage wherein the applicant was last seen with the deceased and accused No. 4. The spot of the incident is close to the place where the applicant was seen with the deceased.

5) Thus, considering the seriousness of the offence and the incriminating material against the applicant, I am of the opinion that this is not a fit case for grant bail. Accordingly, the application is rejected and disposed of.

[ANIL S. KILOR, J.] 2/2