This single-paragraph order rejected a bail application under Section 439 CrPC. The High Court found sufficient material for the applicant's complicity in rape and robbery, deeming him undeserving of bail due to the crime's gravity.
Application under Section 439 CrPC 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.
BA.365-2019.doc
Dond
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 365 OF 2019
Hajibul @ Meru Yunus Khan ..Applicant Vs The State of Maharashtra . . ..Respondent
. . ..Respondent
Mr.L.S. Deshmukh for the Applicant. Ms. J.S. Lohokare, APP for State.
CORAM : A.S.GADKARI, J. DATE : 25th March 2019.
P.C.:
1] This is an application under Section 439 of Cr. P.C. for bail in CR No. 367 of 2018 dated 22.6.2018 registered with Ghatkopar Police Station, Mumbai under sections 354, 367, 397 of the Indian Penal Code.
2] Heard the learned counsel for the applicant and the learned APP. Perused the record of investigation.
3] The present case exhibits solitary state of affairs in the city of Mumbai. The prosecutrix highered a auto-rickshaw of the applicant to go to her place after completing her duty. However, the applicant by taking undue advantage of her loneliness in auto-rickshaw, took auto-rickshaw to remote area and outraged her modesty. The applicant also committed
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BA.365-2019.doc
robbery of her valuables. When she rescued herself from the clutches of the applicant, flange-run from the passerby, however, none of the passerby came forward to help the prosecutrix. It is only when the police van came at the scene of offence, the prosecutrix got help. In the assault committed by the applicant, the prosecutrix suffer loss of tooth and sustained various injuries on her person. The applicant has been identified by the prosecutrix in the test identification parade.
4] There is sufficient material available on record to show the clear complicity of the applicant in the present crime. After taking into consideration the gravity of offence and gruesome act committed by the applicant, this Court is of the opinion that the applicant does not deserve to be released on bail.
5] Application is accordingly rejected.
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2 issues framed by the court
Whether the applicant deserves to be released on bail given the complicity in rape and robbery.
Whether the gravity of the offence precludes bail under Section 439 CrPC.
3 provisions across 3 enactments
Hajibul @ Meru Yunus Khan
The State of Maharashtra
A.S. Gadkari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
