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Bombay High CourtBA/4688/2025disposed off

Mukhtar Hussain Israr Husain @Mukhtar Katya v. The State Of Maharastra

2026-01-14Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4688 OF 2025 Mukhtar Hussain Israr Husain @ Mukhtar Katya ... Applicant

Versus

The State of Maharashtra ... Respondent by SONALI SATISH KILAJE Date:

2026.01.17 13:51:12 +0700 SONALI SATISH KILAJE _________________________________________________________________ Mr. Anilkumar Patil i/b. Mr. Digvijay A. Patil, Advocate for the Applicant. Mrs. Ranjana D. Humane, APP for the State.

_________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 14th JANUARY, 2026.

P.C. :

1.

The applicant is seeking regular bail in C.R.No. 15 of 2023 registered with Pawarwadi Police Station, Malegaon, Dist. Nashik, for the offences punishable under Sections 399 of Indian Penal Code and Sections 3, 4 read with 25 of Indian Arms Act, 1959.

2.

It is prosecution's case that on 14.01.2023, police received information that a group of persons are robbing people by showing them weapons. When police reached at the said spot, they found applicant and co-accused hiding at one place with intention to commit dacoity. Police arrested applicant and co-accused and recovered weapons and amounts of money from them along with pistol and live cartridges. 3.

It is contention of learned counsel for the applicant that the

applicant is behind bars for more than three years. There is no progress in the trial. It may take time to conclude the trial. Four co-accused having similar allegations have been released on bail. Hence, requested to allow the application.

4.

It is contention of learned APP that the applicant was caught red handed while he was hiding along with co-accused for committing dacoity. The weapons are recovered at his instance. If he released on bail, he may abscond and requested to reject the application. 5.

I have heard both the learned counsel. Perused chargesheet and documents produced on record. The applicant is behind bars for around three years. There is no progress in the trial. Co-accused having similar allegations have been released on bail. It may take time to conclude the trial and I pass following order.

ORDER

i.

The Applicant is released on bail in C.R.No. 15 of 2023 registered with Pawarwadi Police Station, Malegaon, Dist. Nashik, on executing P.R.Bond of Rs.30,000/-, on furnishing one or two sureties in the like amount.

ii.

The Applicant shall attend the concerned Police Station as and when required.

iii.

The Applicant shall not tamper with evidence or attempt to

influence the witnesses.

iv.

The Trial Court shall not be influenced by the observations made in this order and shall decide the matter on its own merits and in accordance with law.

6.

The Bail Application is allowed in the aforesaid terms and is accordingly disposed of.

7.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)