IN THE COURT OF SESSIONS BORIVALI DIVISION

GOREGAOM MUMBAI
CRIMINAL BAIL APPL. NO. 0F 2018
IN
C. R. No. 661 OF 2018
Place. MUMBAI

1. ABUL FARAK ABDUL REHMAN]

SHAIKH & Anrs. ]…..Applicants

V/S.

The State of Maharashtra ]..Respondent

BAIL APPLICATION
On this Day of December, 2018

SAVJ LAW SOLUTIONS

Advocates for Applicants
505-A, Vardhman Chamber,
Cawasji Patel street, Fort Mumbai-400001.
Tell No.022-22612144/22821404
Email.savjlawsolutions@gmail.com
 IN THE COURT OF SESSIONS BORIVALI DIVISION
GOREGAOM MUMBAI
CRIMINAL BAIL APPL. NO. 0F 2018
IN
C. R. No. 661 OF 2018
Place. MUMBAI
Dates Events
09.10.2018 FIR has been registered
09.10.2018 Arrested by the police
5.01.2019 Chargesheet has been filed

Points for Argument.

i. Criminal Procedure Code, 1973.
ii. Indian Penal Code.
iii. Indian Constitution.
iv. Authority at present Nill.

Advocates for Applicants

 IN THE COURT OF SESSIONS BORIVALI DIVISION
GOREGAOM MUMBAI
CRIMINAL BAIL APPL. NO. 0F 2018
IN
C. R. No. 661 OF 2018
Place. MUMBAI

1. ABUL FARAK ABDUL REHMAN ]

SHAIKH & Anrs. ]……Applicants

V/S.

The State of Maharashtra & Anrs ]..Respondent

INDEX
Sr. no. Particulars Exhibits Page No.
Synopsis
Copy of Charge Sheet
Copy of Writ Petition
Vakalatnama
Last Page.
Date. 10.1.2019
Mumbai
Advocate for the Applicants
 IN THE COURT OF SESSIONS BORIVALI DIVISION
GOREGAOM MUMBAI
CRIMINAL BAIL APPL. NO. 0F 2018
IN
C. R. No. 661 OF 2018
Place. MUMBAI

1. ABUL FARAK ABDUL REHMAN SHAIKH]

Age 31 years, Occ : Service, ]
Muslim, Adult, Indian Inhabitant, ]
Residing at- A- 801, Anjani Paradise, ]
SalasarBalaji Nagar, Near Kanungo ]
Estate, Bhyander, (East), ]
Thane- 401 105 ]
2. MOMIN AAJIJUL REHMAN LASKAR ]
Age: 19 years, Occ: Service ]
Muslim, Adul, Indian Inhabitant, ]
Residing at : Shiv Enterprises. ]
203, Suraj Appt., S.V. Road, ]
Dahisar (E). ]
3. SUKUR ALI AZAD ALI KHAN ]
Age: 25 years, Occ: Service ]
Muslim, Adult, Indian Inhabitant, ]
Residing at : Shiv Enterprises. ]
203, Suraj Appt., S.V. Road, ]
Dahisar (E). ]….Applicant
V/S.

1. The State of Maharashtra ]

(At the instance of Sr. Inspector of Police ]
Dahisar Police Station Mumbai) ]
TO,
THE HON’BLE PRINCIPLE
JUDGE AND OTHER PUSINE
JUDGES OF THIS HON’BLE
COURT.
HUMBEL APPLICATON ON
BEHALF OF APPLICANTS.

MAY IT PLEASE YOUR HONOUR:

The Applicants are an Indian Citizen and residing at the
above mentioned address mentioned here in cause title.
The Respondent No.1, is the State of Maharashtra and
Respondent No.2, is the original Complainant.

1. The Applicants has been arrayed an accused in

Crime No. 661 of 2018, registered with the Dahishar
Police Station, Mumbai, on 9 th October, 2018, for the
alleged offence under Section 307, 324, 323, 504,
 506 r/w 34 of I.P.C. The prosecution story in nut shell
is here as hereunder that:
i. Brief facts in the nutshell are that, on 8. 10. 2018, one  Monu
Monilal  Yadav,  resident  of  Bhabli  Pada,  Dahisar  (East), 
Mumbai, went to   N. L.   Complex   Ground   at Anand   Nagar,
Dahisar   (East),   Mumbai along with his  friends  for  playing 
cricket.  When they reached there, they saw 10  to  12  other
persons  playing  cricket.  He  went  to them  and  asked
whether  they  want  to  play match  with  his  team.
Those persons got aggressive  and refused  to  play  match 
with  them.  They  started  shouting. When  they  were  asked
to  talk slowly, three to four persons amongst them, rushed on 
the  person  of Monu  and started pushing him. At that time,  
one person amongst them, who possessed a cricket bat,
started assaulting Monu by it. Another person beat him by mea
ns of a stump, while  other  two  were  beating  him
by means of fist and kicks. Due  to  that,  Monu  sustained 
injury on his forehead, face and hand. Blood  started  oozing 
from  his  injury.  Thereafter, the assailants left that place  by 
abusing  them  and by  saying 'Wapas  Hamse  Panga Mat Le'.
Monu   was   then   taken   to   Bhagwati   Hospital.  
Thereafter,   Monu   got unconscious and was  shifted  to
Shatabadi  Hospital  in  ambulance.  In this background,   
Monu  lodged  the  report  on  9. 10. 2018 in Police  Station,
Dahisar.  On   the   basis   of   the   said   report,   aforesaid  
offences   were registered against the Applicants.
ii. The Applicant hereby further say that they filed an application
for bail before this Hon’ble Court before filing the charge-sheet
which has been rejected by this Hon’ble Court, However, now
the Charge-sheet has been filed and Copy of the said Charge-
sheet is Annexed herewith and marked as Exhibit-“A”. Copy of
the Charge-sheet in FIR No.661 of 2018.
iii. The Applicants hereby further says that they have filed the
quashing petition before the Hon’ble High Court Mumbai, by
consent, bearing Petition Number WP/5633/2018, Copy of the
said petition is annexed herewith and marked as Exhibit-“B”,
 However, along with the present petition the consent affidavit of
the original Complainant is Annexed therewith.

2. That the accused is totally innocent and he has nothing to

do with the present alleged offence and he has been falsely
implicated in this case.

3. After perusing of the charge sheet filed by the police it is

crystal clear that the present applicant is totally innocent
and he has nothing to do with the present alleged offence
registered against him and if the Applicant will not be
released on bail the great prejudice will cause to the
applicant and one innocent person will be behind bar due
to not justifying the offence by the police, after going
through the evidence placed by the prosecution by way of
charge sheet, the ingredients of the crime as intention,
mens-rea, motive, preparation are not established.

4. The applicants are permanent residence of Maharashtra,

address mentioned in the title and he is having the
documents also and there is no question of absconding of
the Applicant from the trial.

5. That the Applicants are ready and willing to furnish the

surety for the satisfaction of this Hon'ble Court.

6. That the present Applicants would not tamper with the

Prosecution witness and the investigation is over and matter
is on trail therefore there is no question to hamper or tamper
with the investigation.

7. The applicants are always ready to face the trial at any

instance and at any condition may be imposed by this
Hon'ble Court.

8. In the instant case, the Applicants have been make the

escape goat of circumstances and they have been falsely
implicated in the present FIR, even after perusing the
Medical Report no where it has been made out the case for
307 of IPC, merely mentioning the section the applicants
have been languishing in jail, since 09. 10. 2018, However,
 enough contradictions has came on record and always
benefit of doubts comes to the accused, if it is presumed for
the sake of arguments, without admitting any contents, of
course, the applicant is not guilty of commission of offence
under the aforesaid sections of the I.P.C.

9. Further detention of the applicant in the jail, whereas in the

present facts and circumstances the role of the applicants
are not justified at all. The applicant is in custody since
09.10.2018, and the charge-sheet has been filed before the
M.M. Court. The applicant was in the police custody first
and then in jail would be a mitigating factor which deserves
to be weighed in favor of the applicant for release of the
applicant on bail

10. The Applicants hereby further say that they have filed the
bail application before the Hon’ble High Court Bombay
before the filing of the charge-sheet , and there is no order
from High Court, and the applicants hereby undertake to
withdraw the said application before the Hon’ble High Court.

11. The applicant is ready and willing to abide by all the terms
and conditions which this Hon’ble Court may impose while
directing his enlargement on bail.

12. The applicant states and submits that he is in the custody

since last more than sixteen months and he is only family
bread winner as the Hon'ble Supreme Court has laid down
the judgment ratio in the Case of- State of Rajasthan v/s
Balchand Alias Baliay, where the evidence against the
applicant has been unfolded and the applicant can present
his case in a much better manner if the applicant will on Bail
not in jail, the Hon'ble Supreme Court has taken clear view in
the Case of- Babu Singh v/s State of Utter Pradesh that " it
makes sense to assume that a man on bail has a better
chance to prepare or present his case than one remanded in
custody”.
13. The applicant has not filed any other application/ petition in
any other court including the Hon’ble High Court, Bombay.

14. The applicant craves leave of this Hon’ble Court to add,

alter, amend, delete and/or rescind any of the averments
and/or submissions, mentioned hereinabove, with the leave
of this Hon’ble Court.

15. The Applicant respectfully states that at present the applicant

is in jail therefore verification of the same may be dispensed
with.

16. Vakalatnama is filed herewith.

Under the aforesaid circumstances the Applicant prays here as

under That:
(a) This Hon’ble Court may be pleased to release the Applicant
on bail in C. R. No. 661 of 2018, registered with Dahishar
Police Station, Mumbai, on any terms and conditions as this
Hon’ble Court may deem fit and proper.
(b) Any such other further reliefs as this Hon’ble Court may deem
fit and proper in the favor of the applicant.
Mmbai:

Date:-10-01-2019.

Advocate for the Applicant

MR. ASHOK KUMAR DUBEY