Bail application in a knife-assault case. The injured and first informant filed affidavits disowning the FIR version, stating the applicant was not the assailant; co-accused had been released on similar affidavits. The court found identity of the assailant prima facie uncertain and granted bail with conditions.
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2024:BHC-AS:5827
14 ba 480 of 2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.480 OF 2024
Varun Sundar Shetty
versus
State of Maharashtra and Ors.
… Respondents
Mr. Sanjeev Kadam with Mr. Ashwin Sawlani with Mr. Dinesh D. Dey for Applicant. Mrs. Geeta P. Mulekar, APP for State.
Mr. Nikhil Adkine, for Respondent Nos.2 and 3.
CORAM: N.J.JAMADAR, J. DATE : 5 FEBRUARY 2024
P.C.
affidavits of the first informant and Mr. Manoj Gupta, the injured.
the first informant and his friends. In the scuffle, the applicant had allegedly assaulted
SSP 1/4
14 ba 480 of 2024.doc
Manoj by means of knife. As Manoj fell down, the first informant went to his rescue. The applicant allegedly assaulted the first informant by means of knife.
SSP 2/4
14 ba 480 of 2024.doc
indicate that the first informant and the injured do not subscribe to the prosecution version, as manifested in the FIR. The witnesses claimed that upon viewing the CCTV footages, they have realized that the applicant was not the person who had assaulted the injured and the first informant. The material on record, thus, prima facie, renders the identity of the person who had assaulted the first informant and the injured, in the arena of uncertainty.
ORDER
(i) The Application stands allowed.
(ii) The Applicant – Varun Sundar Shetty be released on bail in C.R.No.277
of 2023 registered with Tilak Nagar Police Station on furnishing a PR bond in the sum of Rs.30,000/- and one or two sureties in the like amount to the satisfaction of the trial Court.
(iii) The applicant shall mark his presence at Tilak Nagar Police Station on first Monday of every alternate month between 11 am to 1 pm for a period of two years or till the conclusion of the trial whichever is earlier.
SSP 3/4
14 ba 480 of 2024.doc
(iv) The applicant shall not tamper with the prosecution evidence. The
applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any police officer.
(v) On being released on bail, the applicant shall furnish his contact number and residential address to the investigating officer and shall keep him updated, in case there is any change.
(vi) The applicant shall regularly attend the proceedings before the jurisdictional Court.
(vii) By way of abundant caution, it is clarified that the observations made hereinabove are confined for the purpose of determination of the entitlement for bail and they may not be construed as an expression of opinion on the guilt or otherwise of the applicant and the trial Court shall not be influenced by any of the observations made hereinabove.
Application disposed.
( N.J.JAMADAR, J. )
SSP 4/4
Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 07/02/2024 10:16:39
1 issue framed by the court
Whether the applicant was entitled to bail where the injured and first informant's affidavits cast doubt on his identity as the assailant and co-accused were released on similar affidavits.
Varun Sundar Shetty
State of Maharashtra
N.J.Jamadar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
