1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5126 OF 2009 Mohammed Ayub Azam Khan ....Applicant Vs. The State of Maharashtra ....Respondent ----- Shri S.G. Rajput for Applicant Shri S.A. Shaikh - APP for State ----- CORAM: V.M. KANADE J. DATED: 4TH DECEMBER,2009 P.C. 1. Heard the learned Counsel for the Applicant and the learned PP for State. 2. The Applicant has been arrested in connection with an offence punishable under section 307 of the Indian Penal Code registered vide C.R. No.205 of 2009 with Dr. D.B. Marg Police Station. 3. The Applicant was arrested on 2nd October, 2009. The Applicant is a young boy of 21 years of age. The prosecution case is that the sister of the Complainant was working in a beer bar called 'Rasila 1 Bar' at Chembur and the Applicant who used to visit the said bar had assaulted the sister of the Complainant with a knife on her stomach. 4. The learned Counsel appearing on behalf of the Applicant submitted that the said girl Rakhi called the Applicant at her place and insisted that he should her. There are some arguments between them over the issue that she had given birth to her son and claimed that it was the son of the Applicant, the Applicant expressed his desire to marry her but he did not wish to accept her son and it was alleged that in the quarrel the Applicant assaulted the said Rakhi with a knife on her stomach. 5. The victim was admitted in the hospital and was discharged after 7 days. 6. The learned APP for the State submitted that the charge sheet is likely to be filed within two weeks from today and the investigation is almost over. 7. Taking into consideration the peculiar facts and circumstances of the case and considering the age of the Applicant, continued detention of the Applicant in jail, in my view, is not necessary since the charge sheet is not to be filed within two weeks. The 1 present Applicant is residing at Vikhroli. The victim is residing at Congress House, Girgaon, the Applicant shall not enter the jurisdiction of D.B. Marg Police Station during pendency of the trial. 8. The Applicant, therefore, shall be released on bail in C.R. No.205 of 2009 with Dr. D.B. Marg Police Station in a sum of Rs.20,000/- with one or two sureties in the like amount. He shall report to the Vikhroli Police Station once in a month. He shall not enter the jurisdiction of D.B. Marg Police Station. He shall not contact the victim Rakhi or try to threaten her. 9. Application is disposed of. (V.M. KANADE J.)