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IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.686 OF 2022
CNR NO. MHCC02­003999­2022
Sameer Mehboob Ansari
Age : 20 years, Occ.: ­
R/at : Room No.G­1/5, Transit Camp,
Kokari Agar, Sion, Koliwada,
Antop Hill, Mumbai­400 037.

…Applicant/Accused
Vs.
The State of Maharashtra
(At the instance of Wadala T.T. Pol. Stn.)

… Respondent
Appearances :­
Mr. Shashikant Mandlik, Ld. Advocate for the Applicant/Accused.
Ms. Ratnavali Patil, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI B.V. WAGH
(C.R. NO.24)
DATED : 11TH APRIL, 2022.
(ORAL ORDER)
Dictated and pronounced in the open Court)
Applicant/accused seek his release on bail under Section
439 of Cr. P.C. in connection with C.R. No. 395/2021 registered with
Wadala T.T. Police station for the offence punishable under Section 302
r/w 34 of Indian Penal Code.
2.

The prosecution allegation reveals that on 23.11.2021
informant Sanjay Kale was on night duty on Mobile Van No.1. At
around 4.22 a.m. he received message from Control Room that one
person is lying unconscious near Wadala Monorail Depot. Accordingly,
he reached at the spot and found injured person lying on road in pool of
blood beside one auto­rickshaw. As the injured was unconscious
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condition, informant took him to hospital. After examination, doctor
declared him brought dead. Thereafter, the investigation was trigger,
wherein the accused movements were captured from the spot of
incident. During interrogation, their identity and involvement came fore
as an assailants.
3.

The Ld. Advocate for the applicant urged that there is no
direct evidence to suggest complicity of the applicant. The weapon
allegedly used in crime is recovered from accused No.1 Shahbaz.
According to him, charge­sheet is filed. He urged that there is no
circumstantial material to suggest the complicity of the applicant. There
is no criminal antecedent against the applicant. Lastly, he requested to
release applicant on bail.
4.

Ld. APP resisted the application by filing say Exh.2 and
inter alia contended that applicant has participated in the crime. They
were lastly seen running from the spot. Blood stained clothes are seized
from the person of the accused. According to her, the aforesaid
circumstances suggest complicity of the accused. If the accused is
released on bail than he may influence the witnesses. Lastly, she
requested to reject the application.
5.

Heard argument advanced by the both the parties and
perused the charge­sheet.
6.

On going through the charge­sheet, it appears that in the
wee hours of 23.11.2021, the injured was spotted at Wadala Monorail
Depot in unconscious state. When he was rushed to the hospital, he was
declared brought dead. Column No.17 of Post Mortem report suggest
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13 injuries on the vital part of the deceased and cause of death is
opined as haemorrhage and shock due to multiple stab injuries (un­
natural). The statement of Arman Akbarali Shah shows that on the
fateful night he saw accused running away from the spot of incident.
The clothes seizure panchanama of the applicant shows blood stains on
his clothes. Thus, the alleged incident is within exclusive knowledge of
the accused. How the quarrel erupted, developed and ultimate
culmination to death of the deceased is within the knowledge of the
accused. The afore prima facie circumstances shows the complicity of
the accused in doing away the deceased.
7.

Reckoning the aforesaid prima facie material and the
seriousness of the crime, dissuaded this Court to release applicant on
bail. Eventually, applicant is not entitled for bail. Hence, the following
order :­
ORDER
1.

Criminal Bail Application No. 686 of 2022 is rejected.

2.

Criminal Bail Application No. 686 of 2022 stands disposed of
accordingly.

Date : 11.04.2022
Dictated on
: 11.04.2022
Transcribed on : 11.04.2022
HHJ signed on : 11.04.2022
[B.V. WAGH]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
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