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B.A.519/24
MHCC020034072024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.519 OF 2024
1. Mohammed Salman
Age 18 years, Occ : Student,
R/o Saray Dasu, Sarai Nahar Rai,
Pratapgarh, Uttar Pradesh 230 402.

2. Mohd. Tausif Khan
Age – Years. Occ : Driver,
R/o A2 First Floor, Ekta Housing
Society Khairani Road, Sbk Compound
Mumbai 400072.

….Applicants
– Versus The State of Maharashtra
(At the instance of Sewree Police Station
Vide C.R.No.55/2024
.… Respondent
Appearance :Adv. Mohd. Ahmed Shaikh for the Applicant/ accused.
APP Iqbal Solkar for the respondent present.

CORAM : RAJESH A. SASNE,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 05/03/2024
ORDER
This is an application filed by the accused u/sec.439 of
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B.A.519/24
Criminal Procedure Code for releasing them on bail in connection with
crime registered at
Sewree Police Station, Mumbai Vide C.R.No.

55/2024 for commission of offence under Section 394, 395, 341, 504,
506, 34 of the Indian Penal Code.
2.

It is alleged by the applicants / accused that they are
innocent and falsely implicated in the present case. The accused are
arrested on 20.02.2024. They have undergone custodial interrogation.
Nothing is to be seized or recovered from the possession of the accused.
Therefore, there is no point in keeping the accused behind bars. They
are the permanent resident of their given address therefore they prayed
for releasing them on bail.
3.

The prosecution opposed the application by filing reply
vide Exh.2. It is the contention of the prosecution that if the accused are
released on bail, there are chances of flee from justice. If the accused
are released on bail, there are chances of threatening of prosecution
witnesses and tampering of prosecution evidence. Hence, prosecution
prayed for rejection of the application.
4.

Read the application, say filed by the prosecution. Heard
the ld. Advocate for the applicant and ld. APP for the State.
5.

I have gone through the application, reply, documents filed
on record. It is the prosecution case that on 11.02.2023 the complainant
alongwith his brother went to Atal Setu Bridge. They stopped their car
for taking selfie. They were enjoying and shouting. The accused persons
objected their shouting. There was verbal abuses between them
therefore, complainant left the spot and started further journey. It is
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B.A.519/24
alleged that thereafter, the accused followed the complainant’s car. They
stopped the complainant’s car. The accused assaulted the informant and
his brother. One of the accused assaulted with iron rod. The attack is on
the head, back and leg. When the informant’s brother Ravi Kumar was
capturing the incident by shooting in the mobile, the accused snatched
the mobile handset. They also took the ignition key of the complainant’s
car. In the cover of the said mobile handset there were Rs.3,500/-. On
the basis of this report the offence is registered against the accused.

6.

No specific role is attributed to the present accused. It is
alleged that all accused jointly committed this crime. Both these
accused are arrested on 20.02.2024. Considering the facts involved in
the offence, further incarceration of the applicant / accused is
unwarranted. Accused are young boys of age of 18 and 20 years. No
criminal antecedents are reported. If they are released on bail, it will
not hamper the investigation. If reasonable conditions securing their
presence are imposed, they will be entitled for the bail. In the result, I
pass the following order :
ORDER
1.

Criminal Bail Application No.519 of 2024 is allowed.

2.

Applicant / accused Mohammed Salman, Applicant / Accused
Mohd. Tausif Khan, arrested in Crime Number 55/2024 registered at
Sewree Police Station, Mumbai under Section 394,395,341,504,506,34
of the Indian Penal Code be released on bail on furnishing P.B. and S.B.
of Rs.20,000/- each with one or two sureties
3.

The applicants / accused shall not tamper with the prosecution
witnesses and evidence in any manner.

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4.

B.A.519/24
The applicants / accused shall regularly attend the concern police
station on 3rd Saturday of every month between 11:00 am. to 02:00
p.m. till framing of charge.
5.

Provisional cash bail in the like amount is allowed. The accused
shall furnish surety within 4 weeks from the date of release from jail
failing which the cash bail shall stand forfeited without any separate
order to that effect.
6.

The applicants / accused shall not leave India without prior
permission of the Court.
7.

Bail before the concern Magistrate.

Date : 05/03/2024
Dictated on
Transcribe on
Signed by HHJ on
: 05.03.2024
: 06.03.2024
: 12.03.2024
( RAJESH A. SASNE)
Additional Sessions Judge,
Gr. Mumbai.

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B.A.519/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
12/03/2024
5.34 p.m.

UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri.
Room No.)
R.A. SASNE, Court Room No. 30.
Date of Pronouncement of ORDER 05/03/2024
ORDER signed by P.O. on
12/03/2024
ORDER uploaded on
12/03/2024