Alfaz Firoj Mulla v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3580 OF 2024 Alfaj Firoj Mulla ...Applicant

VERSUS

State of Maharashtra

...Respondent

....

Mr. Kedar J. Patil a/w Mr. Pratik T. a/w Ms. Sakshi K., Advocate for the Applicant.

Mr. S. V. Walve, A.P.P. for the Respondent - State. PSI. Mahesh B. Gaikwad Police Station, Sangli. ....

CORAM

:

N. R. BORKAR, J.

DATE :

24.01.2025.

P.C.

:

1.

This is an application for Anticipatory Bail. 2.

The applicant is apprehending his arrest in Crime No. 190 of 2024 registered at Palus Police Station District-Sangli for the offences punishable under Sections 118(2), 115, 189(2), 189(4), 191(1), 191(3) & 190 of Bharatiya Nyaya Sanhita (BNS).

3.

According to the prosecution, there was a business rivalry between the present applicant and the complainant. It is alleged that thus the present applicant

had entered into the conspiracy with other co-accused to kill the complainant. It is alleged that pursuant to the said conspiracy on the date of incident which took place on 4.10.2024, at the instance of applicant, co-accused in the crime had assaulted the complainant by iron rod etc. and attempted to commit his murder.

4.

I have heard the learned counsel for the applicants and the learned APP for the respondent-state. 5.

The learned counsel for the applicant submits that there is nothing to show that the applicant was in contact with the other co-accused. It is submitted that at the time of lodging of the report the complainant has alleged altogether different motive for allege assault. 6.

I have perused the papers of investigation and prima-facie there appears to substance in the submission of the learned counsel for the applicant. Considering the overall facts and circumstances of the case, I am inclined to release the applicant on anticipatory bail. In the result, the following order is passed.

ORDER

a] The Application is allowed.

b] In the event of arrest of the applicant in connection with Crime No. 190 of 2024 registered at Palus Police Station District-Sangli for the offences punishable under Sections 118(2), 115, 189(2), 189(4), 191(1), 191(3) & 190 of Bharatiya Nyaya Sanhita (BNS) Act, 2023, the applicant be released on bail on furnishing P. R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount;

c] The applicant shall attend the concerned police station as and when called by the Investigating Officer.

(N. R. BORKAR, J.)