JUDGMENT

V. G. Bisht, J. - The present application has been moved by the applicant under Section 439 of the Code of Criminal Procedure in Crime No.I-03 of 2021 registered with Police Station Malegaon City, Nashik, for offences punishable under Section 307, 326, 323, 143, 147, 148, 149 and 120B of the Indian Penal Code (IPC), under Section 3/25, 5/27 and 4/25 of the Arms Act and under Section 37(1), 37(3) and 135 of the Maharashtra Police Act.

2 On 14th January 2021, while the informant was chitchatting along with his friends near Hotel Taj in his locality, accused namely Sayeed @ Ganjawala (A-1), Masood Ganjawala (A-2 present applicant), Firoz Gangawala (A-3), Zahid Ganjawala (A-4), Moin @ Kalya (A-5), Imran Shaha Gaffar Shah (A-6), Ishtiyak Ahmed Mohd. Mustafa (A-7), Sayyed Danish Sayyed Ismail (A-8), Abdul Hasim Iqbal Mohd. (A-9) and Salman Mohd Salim (A-10) came on the motorcycle. They all were armed with weapons. The applicant was armed with a pistol. The prosecution alleges that accused had come with a view to kill the informant. The prosecution further alleges that the applicant then took out pistol and brandished at him. However, the applicant pushed his hand and ran towards t