AVINASH AJAY BENEWAL vs STATE OF MAHARASHTRA

Judgment text excerpt

920.BA.3276.24.doc Ajay IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3276 OF 2024 Avinash Ajay Benewal .. Applicant Versus The State of Maharashtra .. Respondent ....................  Mr. Ganesh Gole a/w. Mr. Ateet Shirodkar, Advocates for Applicant.  Ms. Mahalakshmi Ganapathy, APP for Respondent – State.  Ms. Priya Devidas Damale, Assistant Police Commissioner present. ......…........... CORAM : MILIND N. JADHAV, J. DATE : JANUARY 31, 2025. JUDGEMENT: 1. Heard Mr. Gole, learned Advocate for Applicant and Ms. Ganapathy, learned APP for Respondent – State. 2. This is an Application under Section 439 of the Code of Criminal Procedure, 1973 seeking Regular Bail in connection with C.R.No.379 of 2023 registered with Naupada Police Station for the offences punishable under Section 394 read with 34 of the Indian Penal Code, 1860 (for short “IPC”); Section 142 of the Maharashtra Police Act, 1951 and Sections 3(1), (ii), 3(2) and 3(4) of the Maharashtra Control of Organised Crime Act, 1999 (for short “MCOC Act”). 1 of 13 920.BA.3276.24.doc 3. Applicant before me is arraigned as Accused No.3 in CR No.379 of 2023. 4. On the date of incident First Informant was walking from Thane Railway Station to Teen Hath Naka. As stated in the FIR, he was followed by 4 persons who after sometime intercepted and accosted him. He has stated that he was held by 3 persons and assaulted by a knuckle fighter on his body by one person following which his mobile phone and Rs.1800/- on his person were recovered and snatched by the persons who assaulted him. This incident occurred at 09:30 a.m. in the morning on a busy road junction near the traffic chowki of Teen Hath Naka. Due to the commotion and gathering of people the assailants ran away