ISityak Ahmed Mohd Chowdhary Vs State of Maharashtra Bombay Sessions Court Criminal Bail Application No 1155 of 2024

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Cri BA No.1155-2024
MHCC020072272024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION NO.1155 OF 2024
Istiyak Ahmed Mohd. Chowdhary,
] …Applicant.

Versus
The State of Maharashtra
]
(At the instance of V. B. Nagar Police Station Vide ]
FIR No.70/2024)
] …Respondent.
Advocate Adib Shaikh for applicant /accused.
APP Sulbha Joshi for the State.
CORAM :
SHRI. S.B. PAWAR,
THE ADDL. SESSIONS JUDGE (C.R. No.58)
DATE
:
08th MAY, 2024.
ORDER
The applicant who is arrested in connection with FIR No.70
of 2024 registered with V. B. Nagar Police Station for offence under
sections 326, 504 and 506 of Indian Penal Code, has filed the present
application for regular bail under section 439 of the Code of Criminal
Procedure, 1973.
2.

As per the FIR filed by first informant Ajaj Ahmed Khan, on
07.03.2024 at about 4.00 p.m. when the first informant was standing
near Nagori Tea Stall in front of Phinix Mall, LBS Road, Kurla West,
Mumbai with his friends, the applicant came there, abused him and
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Cri BA No.1155-2024
assaulted him with wooden log. The first informant sustained fracture
to middle finger of his hand. Accordingly, offence came to be registered
against the applicant.
3.

Read application and reply Exh.2 filed by the prosecution.

Heard both sides. Perused the documents produced on record.
4.

Bail is opposed by the investigating officer on the grounds
that there is possibility that applicant may commit cognizable offence,
or threaten the witnesses or he may abscond.

The reply does not
indicate that applicant has any criminal antecedents. The investigation
against the applicant appears to be almost complete. The apprehension
of the prosecution can be taken care of by imposing appropriate terms
and conditions. However, in the light of the nature of the offence and
the stage of investigation, in my opinion, further detention of the
applicant is unnecessary and he may be admitted to bail. Therefore, I
pass following order:
ORDER
1.

Criminal Bail Application No.1155 of 2024 is allowed.

2.

The applicant Istiyak Ahmed Mohd. Chowdhary, who is accused
in FIR No.70 of 2024 registered with V. B. Nagar Police Station for
offence under sections 326, 504 and 506 of Indian Penal Code, be
released on his executing PR Bond of Rs.15,000 /- (Rupees Fifteen
Thousand Only) and on furnishing surety in the like sum on following
conditions:(a)
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
such facts to the Court or to any police officer.

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(b)
Cri BA No.1155-2024
The applicant shall not tamper with evidence of the
prosecution.
(c)
The applicant shall not commit similar offence while
on bail.
(d)
The applicant shall submit documents regarding his
permanent address and contact details to the concerned
police station and the Court, within seven days of his release
and if in future, there is any change in his address or contact
details, intimate the same to the concerned police station.
(f)
3.

The applicant shall attend the trial regularly.

Breach of any of the above conditions shall entail the cancellation
of the bail.
4.

Bail before learned trial Court.

5.

Criminal Bail Application No.1155 of 2024 is disposed off
accordingly.

SACHIN
BALVANT
PAWAR
Date : 08/05/2024
Order Dictated on: 08/05/2024
Transcribed on : 09/05/2024
Checked on
: 10/05/2024
Signed on
: 10/05/2024
Digitally signed
by SACHIN
BALVANT
PAWAR
Date: 2024.05.10
13:16:17 +0530
(S.B. PAWAR)
Additional Sessions Judge
City Civil & Sessions Court,
Gr. Bombay
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date
10.05.2024
Upload Time
1.11 p.m.

Name of Stenographer
ARUN ANNAMALAI MUDALIYAR
Name of the Judge (With Court SHRI. S.B. PAWAR (CR 58)
Room No.)
THE ADDL. SESSIONS JUDGE
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Date
of
Pronouncement
JUDGEMENT /ORDER
of 08.05.2024
JUDGEMENT /ORDER signed by 10.05.2024
P.O. on
JUDGEMENT /ORDER uploaded 10.05.2024
on
Cri BA No.1155-2024