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Bombay High CourtABA/3099/2024disposed off

Ansar Rafik Mulla v. State Of Maharashtra

2024-11-21Hon'Ble Shri Justice Manish Pitale2 pages

bipin prithiani 911-aba-3099.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3099 OF 2024 Ansar Rafik Mulla ...

Applicant

Versus

The State of Maharashtra ...

Respondent ****** Mr. Paras Yadav i/by Amit Shinde for the Applicant. Mr. Balraj B. Kulkarni, APP for Respondent-State. ****** CORAM: MANISH PITALE, J.

DATE : 21st NOVEMBER 2024 P.C. :

.

Heard learned counsel for the applicant and learned APP for the respondent-State.

2.

The applicant is apprehending arrest in connection with FIR No. 0396 of 2024 dated 9th October 2024 registered at Laxmipuri Police Station, Dist. Kolhapur, for offences under Sections 308(4), 333, 189(2), 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

3.

A serious allegation of extortion is levelled against the accused persons, including the applicant herein. 4.

The learned counsel for the applicant submitted that the FIR was registered in the backdrop of a dispute that arose between the local Police and Journalists. For the said purpose, he relied upon

bipin prithiani 911-aba-3099.24.doc documents at Exhibit 'D', which shows that there was newspaper report about the manner in which there was a skirmish between the local Police and Journalists.

5.

It is claimed that the FIR has been registered in that backdrop of such animosity. But, the learned APP correctly points out the contents of the statement of the informant, leading to registration of the FIR, wherein specific allegations pertaining to the offence of extortion have been made against the applicant and co-accused persons. The role of the applicant prima facie appears to be a major and the allegation of handing over amounts to the tune of Rs.3 lakhs, is specifically made against the applicant. 6.

Although, some co-accused persons have been released on regular bail, that in itself cannot be a ground to claim relief in the present application.

7.

Hence, the application is dismissed.

MANISH PITALE, J.

BIPIN DHARMENDER PRITHIANI DHARMENDER PRITHIANI Date: 2024.11.21 14:53:32 +0530