B.A.184/2022
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Order
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT BOMBAY
CRIMINAL BAIL APPLICATION NO. 184 OF 2022
( CNR NO.: MHCC020009372022 )
Tousif Aslam Afree @ Tousif
Aslam Aari
Age: 21 years, Occ: Labour
R/o: Room No.3, Road no.8
Noor illahi Opp Masjid, Shivaji
Nagar, Mumbai400043.
…Applicant/Accused.
V/s.
The State of Maharashtra.
( At the instance of Deonar P.Stn.
Vide C.R. No.817/2022)
…Respondents/State.
Appearance:
Mr. M.S.Ahmed Advocate for the Applicant/Accused.
Mr. Ramesh Siroya, APP for the State/respondent.
CORAM : H.H. THE ADDL. JUDGE
SHRI G.B.Gurao (C.R.17)
DATE : 08/02/2022.
ORDER
1.
This is an application under section 439 of Cr.P.C. for bail by
applicant/accused Tousif Aslam Afree @ Tousif Aslam Aari in crime
No.817/2021 under section 326,323,504 r/w 34 of IPC registered at
police station Deonar, Mumbai.
2.
Mr.M.S.Ahmed Advocate for applicant/accused has submitted
that applicant is innocent and he has not committed any crime. Accused
is falsely implicated in the present crime.
Major part of the
investigation is completed and further custodial interrogation of the
B.A.184/2022
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accused is not necessary.
Order
Accused is permanent resident of given
address. His antecedents are clear and he is ready to abide by the
conditions, if any imposed by the Court. Hence, he prayed to release
the applicant/accused on bail.
3.
Mr. Ramesh Siroya, APP for the State has submitted that offence
is serious. Accused caused grievous injury to the complainant. Still T.I.
Parade is to be conducted. He prayed to reject the application.
4.
According to the prosecution, on 27/12/2021 at about 10.00
p.m., complainant and his friend were chit chatting on Sky walk bridge
at Govandi. Thereafter, complainant and his friend came down. The
one person i.e. accused was preventing complainant and other friends
Manav and Sahil to come on the bridge. It is alleged that accused
assaulted to the complainant by knife below left rib. Complainant
sustained grievous injury. Complainant was admitted in the hospital.
On 10/1/2022, complainant was discharged from the hospital.
5.
Offence punishable under section 326,323,504 of IPC is registered
against the accused. It appears that accused is arrested on 30/12/2021.
Now
there
is
no
recovery
or
discovery
at
the
instance
of
applicant/accused. His further custodial interrogation is not necessary.
It also appears that applicant is permanent resident of given address and
his antecedents are clear. If the accused is entitled for bail, otherwise
then merely on the ground of conducting of T.I. Parade, bail can not be
refused.
Hence, in the given facts and circumstances of the case.
Accused is entitled for bail. Therefore, following order.
B.A.184/2022
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Order
ORDER
1.
Bail Application No. 184/2022 is hereby allowed.
2.
Applicant/accused namely Tousif Aslam Afree @
Tousif Aslam Aarfi be released on execution of P.R
Bond of Rs. 20,000/ (Twenty Thousand only) with
one or more sureties in like amount in C.R. No.
817/2021 u/s 326,323,504 of Indian Penal Code,
registered at Police Station Deonar on the conditions
that :
a)
He shall attend concerned police station as and
when reasonably required by investigating officer till
further orders.
b)
He shall not pressurize the prosecution
witnesses in any manner.
c)
He shall not commit any offence while on bail.
d)
He shall furnish his correct address to the
investigating officer.
3.
He be released on provisional cash bail of
Rs.20,000/. Duration of provisional cash bail shall
be for four weeks.
4.
Bail before Ld. Magistrate.
5.
Bail Application No.184/2022 is disposed of
accordingly.
Digitally signed
by GIRISH
BALKRISHNA
GIRISH
GURAO
BALKRISHNA
Date:
GURAO
2022.02.11
15:36:03
+0530
(G.B.Gurao)
Addl. Judge
City Civil & Sessions Court,
Gr. Bombay.
Dictated on
Transcribed on
Date of sign
: 08 & 9.02.2022.
: 11.02.2022.
: 11.02.2022.
B.A.184/2022
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Order
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
11.02.2022.
UPLOAD DATE AND TIME
Mrs. S.S.Sawant
NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)
HHJ SHRI.G.B.Gurao,(C.R.No.11)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order
08.02.2022.
Order signed by P.O. on
11.02.2022.
order uploaded on
11.02.2022.