Bail Application No.14/2024.
MHCC020000752024
IN THE COURT OF ADDITIONAL SESSIONS JUDGE MUMBAI,
AT GR. MUMBAI
CRIMINAL BAIL APPLICATION NO. 14 OF 2024.
IN
C.R. NO. 184 OF 2023.

Afsar Hussen Ahemad
… Applicant
Vs.
The State of Maharashtra,
(At the instance of RAK Marg Police Station,
Vide C.R.No. 184/2023).

…Respondent.

Appearances :Ld. Adv. Mr. Sushil Pande for the applicant/accused.
Ld. APP. Mr. Abhijeet Gondwal for the State/Respondent.
CORAM : H.H. THE ADDITIONAL SESSIONS JUDGE
DR. A. A. JOGLEKAR (C.R.NO.37)
DATED : 09TH JANUARY, 2024.

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Bail Application No.14/2024.

ORAL ORDER
By this application the applicant/accused Afsar Hussen
Ahemad being accused in C.R.No.184/2023 registered with RAK
Marg Police Station for the offences punishable under Sections 326,
506 and 34 of Indian Penal Code, (hereinafter referred to as, “IPC”)
alongwith Sections 3 and 25 of the India Arms Act, seeks bail under
Section 439 of the Code of Criminal Procedure, 1973 (In short,
“CrPC”).
2.

It is alleged that, an individual namely Sarwar Maqsood
Khan had visited the informant’s Garment Shop at Wadala and had
asked him to return money of some Guddubhai. It is stated that, the
informant told Sarwar Khan that, it is inter-se issue between him and
Guddu and that Sarwar Khan has no concern. It is alleged that,
Sarwar Khan was accompanied with a person acquainted with the
informant namely Navid Khan. As on 25.05.2023 Sarwar Khan qua
the informant threatened him of dire consequences and of life. As on
01.06.2023 while the informant and his brother went to V.J.T.I. and
post that, they went to their shop at about 10.10 am, while the
informant was outside his shop on his motorcycle and while he was
talking with his father and while informant’s brother gave keys of
their shop to the shop worker Dilshad Shaikh, at that time three
unknown persons came on a red colour Pulsar motorcycle with their
covered faces and one of them got down of the bike and stabbed the
informant on his right cheek with a knife, while the informant fell
down and screamed, his brother rushed towards him and tried to
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Bail Application No.14/2024.
rescue the informant, at that time the person tried to stab him back
with knife, but the knife got stucked in the bike handle and fell down.
Thus, the said unknown person immediately fled from the spot, the
informant was thereafter hospitalized and offence was registered
under Sections ibid. Further, as on 30.11.2023, upon the revelation
of co-accused Sarwar Khan the involvement of the applicant/accused
and one Farooq Farid Shaikh, the applicant/accused was put under
arrest as on 01.12.2023.
3.

Ld. Advocate for applicant/accused states that, the
applicant/accused is falsely implicated and is arrested upon the
revelations made by the Sarwar Khan.

It is stated that, the
applicant/accused was not present at the spot of incident and that
the informant was assaulted by some unknown individuals. As also,
the alleged recovery of revolver and cartridges was from Sarwar Khan
and the applicant/accused is not concerned with the same.

The
offence is allegedly stated to have been committed as on 01.06.2023
and the applicant/accused is put under arrest as on 01.12.2023.
Further, the investigation has concluded and the applicant/accused
has well co-operated with the respondent agency during his custodial
interrogation. Further, considering the factum of injury it is simple in
nature. Hence, the Ld. Advocate for applicant/accused prayed for
enlarging the applicant/accused on bail.
4.

Per contra the prosecution has filed their reply vide Exh.2,
and inter alia have resisted the application on various grounds. It is
categorically stated that, the applicant/accused in connivance with
the co-accused have actively participated in the commission of
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Bail Application No.14/2024.
present crime. Further, the applicant/accused has an abysmal track
record and has his threat factor in the entire area.

Further, the
prosecution apprehends abscondance, tampering of evidence and
threatening to prosecution witnesses.

Hence, the Ld. Prosecutor
prayed for rejection of application.
5.

Heard the Ld. Advocate for applicant/accused and Ld.
Prosecutor for the State. Perused application and reply along with the
documents filed and relied by the parties.

6.

It palpably evinces to myself that, the applicant/accused is
put under arrest as on 01.12.2023 and the FIR at the inception is
registered against unknown person. Further, the recovery has been
effected from accused No.1.

Undoubtedly, Section 34 has been
invoked, but in order to array the applicant/accused, so as to
connecting him with the present crime, there is an meager material.
Furthermore, on perusal of the injury certificate the injuries shown
are simple in nature.
7.

Moreover, while deciding an application for bail it is settled
that the Court is required to see whether the prima-facie case exists
or not. It is not necessary to make roving enquiry or examining the
merits of prosecution case.

8.

It is evident that, considering the nature of injury the
weapons
being
seized
from
the
co-accused
and
that,
the
applicant/accused being arrayed upon the revelations of the coaccused, I hold that, further incarceration of the applicant/accused is
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Bail Application No.14/2024.
not necessitated and that the applicant/accused is entitled for bail.
In the backdrop of the aforesaid facts, I hold that, the application
deserves consideration. Hence, order infra: –
ORDER
1. Bail Application No. 14/2024 is allowed.
2. The applicant/accused Afsar Hussen Ahemad being
accused in C.R.No.184/2023 registered with RAK
Marg Police Station for the offences punishable
under Sections 326, 506 and 34 of Indian Penal
Code alongwith Sections 3 and 25 of the India Arms
Act, be released on furnishing P. R. bond of
Rs.30,000/- (Rupees Thirty Thousand Only) with
one or two sureties in the like amount.
3. The applicant/accused and his sureties shall provide
their respective residential addresses, mobile
numbers and email addresses, if any.
The
applicant/accused shall intimate any such change in
address or telephone number and Email ID
forthwith.
4. The applicant/accused shall not directly or
indirectly make any inducement, threat or promise
to any person acquainted with the facts of the
present case to dissuade them from disclosing such
facts to the Court.
5. The applicant/accused shall not tamper with the
prosecution evidence in any manner.
6. The applicant/accused shall attend the RAK Marg
Police Station on every Tuesday and Friday between
11.00 a.m. and 4.00 p.m. until further order.
7. The applicant/accused shall surrender his passport
if any with the investigating officer. If the applicant
doesn’t have passport, he will furnish an affidavit to
that effect.

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Bail Application No.14/2024.
8. The applicant/accused shall not leave India without
permission of this Court.
9. Any breach of the conditions in this bail order shall
entail cancellation of bail forthwith.
10.
Bail Application No.14/2024 stands disposed
of accordingly.

DR. ABHAY
AVINASH
JOGLEKAR
Date : 09.01.2024.

Digitally signed by
DR. ABHAY AVINASH
JOGLEKAR
Date: 2024.01.10
17:08:58 +0530
(DR. A. A. JOGLEKAR)
Additional Sessions Judge,
City Civil & Sessions Court,
Gr. Bombay (C.R.No.37)
Dictated on
: 09.01.2024.
Transcribed on : 09.01.2024.
HHJ signed on : 10.01.2024.

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Bail Application No.14/2024.

“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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