Mumbai, February 27, 2024 – Gulzar Ali Faiyaz Ali has been granted bail by the Sessions Court for Greater Mumbai in connection with an assault case registered at Deonar Police Station. The order, issued by Additional Sessions Judge A.S. Salgar in Court Room No. 24, comes in response to Bail Application No. 439 of 2024.
Ali was arrested in connection with Crime No. 34/2024, registered under Sections 323 (voluntarily causing hurt), 326 (voluntarily causing grievous hurt by dangerous weapons or means),1 504 (intentional insult with intent to provoke breach of the peace), 506 (criminal intimidation), and 34 (acts done by several persons in furtherance of common intention) of2 the Indian Penal Code.
In his bail application, Ali, represented by Advocate Jabali, claimed innocence and false implication. He also pointed to a delay in filing the First Information Report (FIR) and noted that the weapon used in the crime had already been seized from a co-accused. Ali expressed willingness to abide by any conditions imposed by the court.
The prosecution, represented by Additional Public Prosecutor Rakesh Tiwari, opposed the bail, arguing that Ali’s release would lead to witness intimidation and his potential absconding.
Judge Salgar, after reviewing the FIR and hearing arguments from both sides, noted that Ali was named as accused number three. The primary allegations in the FIR, including the assault with a bamboo stick, were against co-accused Rizwan. Ali was accused only of abusing and assaulting the complainant with fist blows.
“The only allegation levelled against applicant/accused is that he abused to the complainant and assaulted him by fist blows,” Judge Salgar stated in his order.
The court also highlighted that the bamboo stick had been recovered from Rizwan, and nothing was recovered from Ali. Considering that the investigation concerning Ali was complete, and he was a permanent resident of Mumbai, the court granted him bail under the following conditions:
- He must furnish a Personal Recognizance (P.R.) Bond of ₹40,000 with one or more sureties of the same amount.
- He must attend Deonar Police Station every Sunday between 11:00 a.m. and 1:00 p.m. until the charge sheet is filed.
- He is prohibited from entering the vicinity where the complainant resides.
- He and his sureties must provide their residential addresses, mobile numbers, and email addresses to the investigating officer and inform of any changes.
- He is prohibited from influencing, threatening, or promising any person related to the case and from tampering with evidence or witnesses.
- He is prohibited from leaving India without prior court permission.
- Breach of any condition will result in the cancellation of bail.
- Provisional cash bail of ₹40,000 is allowed for four weeks to furnish surety.
- Bail is to be executed before the Learned Trial Court.
This decision reflects the court’s consideration of the specific allegations against Ali, the progress of the investigation, and the need to balance individual liberty with the prevention of witness intimidation and ensuring the accused’s presence during the trial. The court’s imposition of strict conditions underscores its commitment to maintaining the integrity of the legal process.