MHCC020069992024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 1136 OF 2024
Mr. Affan Amir Khan
Aged 20 years,
R/at : Plot No. 17, Room No. 976,
Line No.-E, Lotus Colony,
Abdul Hamid Marg, Shivaji Nagar,
Mumbai 43.

… Applicant/accused
Vs.
The State of Maharashtra
(At the instance of Shivaji Nagar
Police Station, Mumbai)
… Respondent
Appearances :Ms. Jyoti Raju Sahu, Ld. Adv. for applicant.
Mr. J. N. Suryawanshi, Ld. SPP for State/respondent.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A. A. KULKARNI (C.R. NO.22)
DATED : 03rd May, 2024
ORDER
This is an application under Section 439 of Cr.P.C. for bail.
Heard Ld. Advocate for applicant and Ld. APP for the state. Perused
application, say and other documents on record.

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BA 1136/24
It is contention of the applicant that the applicant is
arrested by Shivaji Nagar Police Station, Mumbai in connection with
C.R. No.330/2024 for the offence punishable u/s 307, 452, 324, 504,
141, 143, 145, 147, 148, 149 of IPC with Sections 37(1)(A), 135 of
Maharashtra Police Act. It is further contended that, applicant is
innocent and he is falsely implicated in this case. Applicant has not
assigns any role in the alleged offence. In view of such allegations there
are no allegations against applicant of having assaulted informant with
intention to commit offence under Section 307 of Cr.P.C Nothing is
seized at the instance of applicant. In such circumstances, there is no
further need of detention of the applicant. Applicant is permanent
resident of Mumbai. Applicant is ready to abide conditions impose by
Court. Hence, prayed for grant of bail.
3.

Ld. APP and investigating officer opposed application on
the ground that crime is disclosed against applicant in first information
report. If applicant is released on bail there is possibility of tempering
evidence of prosecution. Hence, prayed for rejection of application.
4.

In view of submissions from both sides and on perusal of
the allegations in FIR, as per the allegations of informant incident
occurred on 16.04.2024 at about 10.30 to 11.00 pm. Informant and his
friend while talking each other reached near Durga Seva Sangh, Lotus
Colony, Shivaji Nagar, Govandi at that time applicant abused informant
and caught his collar and dragged on road at that time applicant’s
friends came there and assaulted him by fist blows. Shanaj Qureshi
assaulted him by knife on his head. Thereafter, Faisal Qureshi alias
Sheru and Mohasin strangled the informant to death with a rope. At
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BA 1136/24
that time informant’s friends came there for settled the dispute but,
Aamin assaulted Ahamad Ali Khan by knife on his head and other
accused assaulted by fist blows to them. Taking into consideration these
allegations in FIR, there are no allegations against applicant having
assaulted to informant and caused any injury. In view of role assigned to
applicant, there is nothing to be seized at the instance of applicant. The
alleged
weapon
is
seized
by
police
during
investigation.

Informant/injured is out of danger and discharged from Hospital. Prima
facie there is no record about sustained injury to informant which is
likely to cause death. Hence, in such circumstances, I am of the opinion
that, further detention of applicant is not required. Therefore, I pass
following order :ORDER
1.

Criminal Bail Application No. 1136 of 2024 is allowed.

2.

Applicant/accused Affan Amir Khan be released on bail on
furnishing P.R. Bond of Rs.25,000/- along with one or two more
sureties in the like amount in connection with C.R. No.330/2024
registered with Shivaji Nagar police station.

3.

Applicant/accused shall attend Shivaji Nagar Police Station,
Mumbai, as and when required by Investigating Officer on notice.

4.

Applicant/accused shall furnish his residential address proof and
contact numbers to Investigating Officer.

5.

Applicant/accused 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 him from disclosing such facts
to the Court or to any Police Officer.

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BA 1136/24
Applicant/accused shall not leave India without previous
permission of the Court.

7.
8.

Request of provisional cash surety is allowed for eight weeks.
Bail before learned Court below.

9.

Criminal Bail Application No.1136 of 2024 stands disposed of
Digitally
signed by
AJAY ANIL
KULKARNI
Date:
2024.05.03
17:55:19
+0530
accordingly.

Date : 03.05.2024
(A. A. Kulkarni)
Additional Sessions Judge,
Sessions Court,
Gr. Bombay (C.R.No.22)
Directly dictacted on computer : 03.05.2024
HHJ signed on
: 03.05.2024
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BA 1136/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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(Mrs. Manasi Kadam)
Name of the Judge (With Court HHJ SHRI. A.A. KULKARNI (CR 22)
Room No.)
Date of Pronouncement
JUDGMENT /ORDER
of
02.05.2024
JUDGMENT /ORDER signed by
P.O. on
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on
03.05.2024