Anticipatory bail application dismissed the applicant who alleged no involvement in the assault incident and was not seen in CCTV footage, court granted bail with conditions.
Bail granted on PR Bond of Rs. 25,000 and one or more sureties in the like amount.
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.
19-ABA-1919-2024.doc
MAMTAAMARKALE Digitallysigned byMAMTAAMARKALEDate:2024.07.2818:04:16+0530
Mamta Kale.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No.1919 of 2024
Shahid @ Raju Akhatar Ansari Age: 40 Years, Occ: Service, Residing at 351, Thane Road, Near Noori Masjid, Ghunghat Nagar, Bhiwandi, Dist: Thane – 421 302.
... Applicant
Versus
The State of Maharashtra Through Nizampura Police Station, Bhiwandi, Dist.-Thane CR No.614/2024
... Respondent
Mr Shrikant Rathi, for the applicant. Mr Arfan Sait, APP, for the respondent/ State. PSI Ashok Pathare, Nizampura Police Station, Bhiwandi, Thane, is present.
Coram: R.N. Laddha, J. Date: 26 July 2024
P.C.:
By the present application, the applicant seeks pre-arrest bail in connection with CR No.614 of 2024, registered at Nizampura Police Station, Bhiwandi, Thane, for offences punishable under Sections 294, 323, 353 and 506 read with 34 of the Indian Penal Code.
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19-ABA-1919-2024.doc
Mamta Kale.
traffic control duty near Baage Firdoz Masjid, he was struck by a motorcyclist coming from the opposite direction. The motorcycle’s tyre hit the informant’s leg. When the informant asked the motorcyclist for his driving license, three unknown persons arrived at the spot. One of them physically assaulted the informant, and all of them verbally abused and threatened both the informant and the PC Bhodke. The informant promptly called for police assistance; however, they fled.
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Mamta Kale.
representing the respondent/ State, contends that the offence is serious. The applicant, along with the co-accused, abused and assaulted the informant. However, he acknowledges that the applicant was not identified in the CCTV footage and there are no criminal antecedents against him. The investigation is in progress, and granting the applicant pre-arrest bail could lead to evidence tampering or witness influence.
ORDER
(i) In the event of the applicant’s arrest in
Page 3 of 4
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Mamta Kale.
19-ABA-1919-2024.doc
CR No.614 of 2024, registered at Nizampura Police Station, Bhiwandi, Thane, he shall be released on bail upon executing a PR Bond of Rs.25,000/- and furnishing one or more sureties in the like amount.
(ii) The applicant shall cooperate with the investigation and report to the concerned police station as and when directed.
(iii) The applicant, himself or through any other person, shall not tamper with the evidence or influence any witnesses.
(R.N. Laddha, J.)
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26 July 2024
1 issue framed by the court
Whether pre-arrest bail should be granted to the applicant who was not visually identified in the CCTV footage as an assailant.
1 provisions across 1 enactments
Shahid @ Raju Akhatar Ansari
The State of Maharashtra
R.N. Laddha
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
