The court rejected an anticipatory bail application filed by Rafiq Usman Naik. The applicant sought bail in a case involving assault and obstruction of a public servant, citing local politics and a prior acquittal, which the Public Prosecutor opposed. The court held no case for pre-arrest bail was made out.
Anticipatory bail application rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1/3 Yadav 908.aba.10.2019
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 10 OF 2019
Rafiq Usman Naik … Applicant Versus
The State of Maharashtra … Respondent
Mr. A. S. Khandeparkar a/w S. N. Rajpurohit I/by Khandeparkar & Associates for Applicant.
Mrs. Rutuja Ambekar, APP for Respondent – State.
CORAM : NITIN W. SAMBRE, J. DATE : JANUARY 4, 2019.
P.C. :
. The Applicant is seeking pre-arrest bail in Crime No. 369 of
2018 punishable under Sections 353, 332, 341, 143, 147, 149, 504, 506 of the Indian Penal Code.
2/3
Yadav 908.aba.10.2019
mens ria in the mind of the Applicant to assault a public servant. According to him, the local politics has prompted his false involvement in the crime in question.
3/3 Yadav 908.aba.10.2019
signal will be given to the society. There is sufficient material available on record to infer prima facie involvement of Applicant in the crime in question apart from the satisfaction of necessary ingredients of Section under which the Applicant is booked.
(NITIN W. SAMBRE, J.)
1 issue framed by the court
Whether the applicant is entitled to pre-arrest bail in a case involving assault on a public servant.
1 provisions across 1 enactments
Rafiq Usman Naik
The State of Maharashtra
Nitin W. Sambre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
