Allowed

Farhan Raza Rafiullah Ansari v. the State of Maharashtra

Bombay HC23 Mar 2021BA/178/2021

Case brief

AI extract

What is this about?

Bail application filed regarding an assault case under IPC Sections 307 and 326. The court granted bail on stringent conditions including financial bond, periodic reporting, and restrictions on jurisdiction and witness interference.

What did the court decide?

Application allowed; released on P.R. Bond of Rs. 25,000 with sureties; strict conditions imposed including reporting and stay out of jurisdiction.

Farhan Raza Rafiullah Ansari Vs the State of Maharashtra — Cheque Dishonour | Bombay HC (2021)

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41- BA-178-2021.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO. 178 OF 2021

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Farhan Raza Rafiullah Ansari � Applicant

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Versus

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The State of Maharashtra

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� Respondent

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Ms. Misbah Solkar i/b. Mr. Amin Solkar, Advocate for the applicant.
Ms. M. R. Tidke, APP for the Respondent – State.

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CORAM : PRAKASH D. NAIK, J.
DATE: 23rd MARCH, 2021

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PER COURT:

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Digitally signed by RajeP. RajeP. AherDate: Aher 2021.03.25 21:22:29 +0530

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1.This is an application for bail in C.R. No. 425 of 2020
registered with Dharavi Police Station, Mumbai for the offence
punishable under Section 307, 326 read with 34 of Indian Penal
Code and Section 37(1)(A), 135 of the Bombay Police Act. The
applicant was arrested on 13th October 2020.

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2.According to complainant, her brother (injured) came
home in an injured condition on 12th October 2020. He had
sustained several injuries. He informed the complainant that
applicant had assaulted him by weapon by giving blow on abdomen
and Abrar assaulted him with knife on back and head.

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Sajakali Jamadar

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41- BA-178-2021.doc

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3.Investigation is completed and the charge-sheet is filed.
The injured had sustained five injuries, two of them grievous and the
rest were simple injuries. It is submitted by learned Counsel for the
applicant that injuries which can be attributed to the co-accused are
simple in nature. The applicant was attributed role of assaulting the
injured on abdomen. Injury is of grievious nature. The co-accused
has been granted bail. The applicant is in custody for substantial
period of time. There are no antecedents against him. Further
detention of the applicant is not necessary.

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4.Learned APP submitted that the applicant was armed
with weapon. Role of assault has been attributed to him. The injured
had sustained five injuries.

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5.I have perused the F.I.R. The complaint was lodged by
the sister of injured. The case of the prosecution is that the accused
had assaulted the victim. Role is attributed to the applicant. The
applicant is in custody from the date of his arrest. On stringent
condition, bail can be granted to the applicant.

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6. Hence, I pass the following order:

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Sajakali Jamadar

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41- BA-178-2021.doc

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ORDER

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(i) Criminal Bail Application No. 178 of 2021 is allowed;

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(ii) The applicant is directed to be released on bail in
connection with C.R. No. 425 of 2020 registered with Dharavi
Police Station, Mumbai, on executing P.R. Bond in the sum of
Rs.25,000/- with one or more sureties in the like amount;

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(iii)The applicant shall report concerned Police Station once
in three month on first Saturday of the month between 11:00
a.m. to 1:00 p.m. till further order;

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(iv)The applicant shall stay out of jurisdiction of Dharavi
Police Station till further order.

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(v)The applicant shall furnish the details of his residence to
the Investigating Officer after he is released on bail.

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(vi)The applicant shall not approach the injured or any
other witnesses. He shall not tamper with the evidence;

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(vii) Application stands disposed of accordingly.

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(PRAKASH D. NAIK, J.)

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Sajakali Jamadar

Farhan Raza Rafiullah Ansari v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Farhan Raza Rafiullah Ansari v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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