MHCC020049322022
Presented on
Registered on
Decided on
Duration
: 18-04-2022
: 18-04-2022
: 28-04-2022
: 0 Years, 0 Months, 10 Days
IN THE COURT OF SESSIONS AT GREATER BOMBAY
CRIMINAL BAIL APPLICATION NO. 870 OF 2022
(C.R. No. 76 OF 2022)
Nadeem Naeem Ansari
Age 25 years, Occ – Food Delivery
Residing at A­125, U Tulsiwadi Zopadpatti,
Opp Post Office, Mumbai
Mumbai 400 034.
… Applicant
V/s.
The State of Maharashtra
(At the instance of Tardeo
Police Station)
…Non­applicant
Appearance :­
Mr. Sharikh M. Khan Ld. Advocate for applicant.
Ms. Ashwini Rayakar, Ld. APP for non­applicant/State.
CORAM :
DATE
H.H.J. SHRI R.J. KATARIYA
(C.R.NO.56).
: 28th APRIL, 2022.

ORDER BELOW EXHIBIT 1.
Heard Ld. Advocate Mr. Sharikh Khan for the applicant and
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Cri. BA 870/22
Ld. APP Ms. Ashwini Rayakar for the State.
2.

Present application is filed by applicant for grant of bail in
CR. No. 76/2022 registered with Tardeo Police Station for offence
punishable under Section 307,324 of IPC and u/s 184 of Maharashtra
Police Act.
3.

Informant Narayan Parmar and present applicant are child
hood friends. On 16.03.2022 at about 15.00 hours while informant and
some other persons were standing near at Tulsiwadi transit Camp No. 8,
applicant/accused arrived there. The applicant was under the influence
of drugs. It is alleged that the applicant snatched burning cigarette from
one Humza standing with informant. The informant asked applicant the
reason for snatching cigarette from him, on that applicant got annoyed ,
went inside adjoining barber shop, brought scissor from there and
assaulted on the chest and stomach of the informant.

Accordingly,
crime came to be registered against the applicant.
4.

Learned advocate for the applicant submitted that
applicant is innocent. He is falsely implicated in the crime. He has not
committed the alleged offence. The applicant is arrested on 16.03.2022.
Since then he is behind bars. The applicant is ready to abide conditions
imposed. Hence, prayed for granting bail.
5.

Per contra, vide Say (Exh.2), Ld. APP opposed the
application. It is submitted that the applicant is habitual offender. There
is externment order against the applicant. He had committed breach of
said order and committed said crime. There are eye witnesses about the
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Cri. BA 870/22
incident. There is possibility of commission of other offences. Hence,
prayed for rejection of the application.
6.

Perusal of report, there are allegations against the applicant
having assaulted the informant by scissor. Initially offence under section
324 of IPC was registered against applicant. Subsequently, section 307
of IPC came to be added. The applicant and informant are childhood
friends. It appears that applicant assaulted informant on trivial reason.
Injury certificate dated 18.04.2022 issued by Assistant Medical officer
shows that abrasion and cut mark over chest is caused to the informant.
Statements of witnesses are recorded. Panchanamas are prepared. The
scissor is also seized. Major part of investigation is completed.
Considering the matter there would not be any prejudice to the
prosecution, if suitable conditions are imposed on the applicant while
granting bail to him. Hence, I proceed to pass following order­
ORDER
1.

Bail Application No. 870 of 2022 is allowed.

2
The applicants/accused Nadeem Naeem Ansari be released
on bail in C.R. No.76/2022 registered at Tardeo Police
Station, on furnishing P. R. bond of Rs.25,000/­ (Rupees
Twenty Five Thousand Only) with one or two sureties of like
amount.

3.

Applicant shall attend Tardeo Police Station as and when
required by Investigating Officer and shall co­operate for
investigation.

4.

He shall not commit any other or similar offence.

5.

He shall furnish the document of his permanent and
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Cri. BA 870/22
temporary residential address, to the Investigating Officer.
6.

He shall give intimation in writing to I.O. and Ld. M.M. Court
as and whenever he change his residential/temporary
address.

7.

He shall not directly or indirectly make any inducement,
threat or promise to informant or any person acquainted with
the facts of the case so as to dissuade him/her from disclosing
such facts to the Court or tamper with the evidence.

8.

Breach of any of the conditions of this order shall be a ground
for its cancellation.

9.

Bail to be furnished before Learned Metropolitan Magistrate
Court.

10. Provisional cash bail allowed for six weeks from today.
11. Bail Application No. 870/2022 stands disposed off.

RAJESH
JAGURAM
KATARIYA
Date : 28.04.2022.
Typed on : 28.04.2022
Checked on : 28.04.2022
Signed on : 28.04.2022
Digitally signed
by RAJESH
JAGURAM
KATARIYA
Date:
2022.04.29
15:08:11 +0530
( R.J. Katariya )
Addl. Sessions Judge(C.R. No. 56)
City Civil & Sessions Court,
Gr. Bombay.

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Cri. BA 870/22
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
TIME
NAME OF STENOGRAPHER
29.04.2022
2.00 p.m.

Aparna V. Lele (H.G.)

Name of the Judge
Date
of
Pronouncement
Judgment/Order.
Judgment/order signed by P.O on
Judgment/order uploaded on
HHJ Shri R.J.KATARIYA
(CR No.56)
of
28.04.2022
28.04.2022
29.04.2022