Yusuf Lallya Ayyub Chand Shaikh Vs State of Maharashtra Nashik Sessions Court BA 843 of 2022

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Cri.B.A.No. 843/2022
Criminal Bail Application No.843/2022
CNR No. MHNS010034512022
[Yusuf @ Lallya Ayyub Chand Shaikh V s. State]
Order below Exh.1.
This bail an application U/s. 439 of Cr.P.C. is filed on
the grounds that the applicant is innocent and falsely implicated in
the case. That he has not assaulted injured. That he shall further
attend
the
dates
given
by
the
Court.

That
there
was
miscommunication between advocate and the accused. That the
accused is suffering from diabetes and high blood­pressure. On
these grounds, has prayed for bail.
2.

Notice was issued to State. State appeared through Ld.

APP Mr. Kotwal and filed say resisting for grant of application on
the grounds that there is positive material available against the
accused. That accused did not abide by conditions imposed upon
him. On these main grounds and others have prayed for rejection of
bail application.

3.

Heard Ld. Advocate Mr.K.B.Suryawanshi for applicant.

Perused bail application. Heard Ld. APP Kotwal. Perused police
papers and say filed by Panchavati police station.
4.

That the present applicant was released on bail by
imposing certain terms and conditions. He furnished surety and
accordingly was released on bail. He remained present before the
court for some time and thereafter, started remaining absent for the
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Cri.B.A.No. 843/2022
court proceedings. Because of his conduct, NBW was issued against
him. On 2.7.2022, an application for cancellation of NBW was
preferred. It was rejected and the accused was taken in custody. It is
also matter of record that co­accused was also remaining absent
because of which the trial protracted. After he was taken in custody,
now 9 days are passed. By now, the applicant has realized his
mistake. His advocate has assured that on subsequent bail, he will
attend the court proceedings and participate with the trial. As far as
merit is concerned, the applicant is not facing allegations about
assault by knife. Therefore, it will be appropriate to give one more
chance to the applicant to prove his bonafides. Hence, following
order is passed.
ORDER
(1). Application is allowed.
(2). The applicant Yusuf @ Lallya Ayyub Chand Shaikh be released
on bail in Cr. No.I­642/2022 of Panchavati P. S., for offences
punishable under Sections 307, 326, 323, 143, 147, 148, 149,
427 of IPC and Sec.135 of Maharashtra Police Act on
furnishing a PR and SB of Rs.15,000/­ with one solvent surety
of like amount on following conditions.
(a). He should furnish two documents about his identity proof and
two documents in respect of identity proof of his relatives.
(b). He shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of
the case, so as to dissuade them from disclosing such facts to
the Court or to any police officer.

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(c).

Cri.B.A.No. 843/2022
Violation of any of the above mentioned condition, would
result in cancellation of bail.

(3). Inform concerned police station accordingly.
VARDHAN
PRATAPRAO
DESAI
Nashik.
Date : 11/07/2022
Digitally signed by
VARDHAN
PRATAPRAO DESAI
Date: 2022.07.11
17:52:49 +0530
( V. P. Desai)
Additional Sessions Judge, Nashik.