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2025 Supreme(Online)(Bom) 4744

BOMBAY HIGH COURT
AMIT BORKAR, J
SHABNOOR AYUB – Appellant
Versus
The State of Maharashtra – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Meghashyam Kocharekar
For the Respondents: Ms. Shilpa G. Talhar, APP

Table of Content
1. initial facts regarding the accusation against the applicant. (Para 1 , 2)
2. contention regarding the applicant’s identity and comparison with co-accused. (Para 3 , 4)
3. court's observation about evidence and identification issues. (Para 5 , 6 , 7)
4. court's legal reasoning for granting bail. (Para 8 , 9)
5. final ruling and conditions for bail. (Para 10 , 11 , 12)

CORAM : AMIT BORKAR, J.

DATED : JULY 18, 2025 P.C.:

1. The present application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 , seeking his release on regular bail in connection with Crime Register No. 101 of 2024 registered with Padgha Police Station, Bhiwandi. The applicant is alleged to have committed serious offences punishable under Sections 395 (dacoity by five or more persons), 392 (robbery), 201 (causing disappearance of evidence), read with Section 34 (common intention) of the Indian Penal Code, 1860 .

2. As per the case of the prosecution, on 24th February 2024 at about 6:30 a.m., the complainant, along with other persons, was travelling from Nashik to Mumbai by car. When they reached near Padgha Toll Naka, another car allegedly began following them, in which

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