BA-975-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.975 OF 2011 Dilip Atmaram Upadhay ... Applicant V/s. The State of Maharashtra, Thru’ Wadala T.T. Police Station, Mumbai ... Respondent Mr. H.E. Mooman for the Applicant. Mr. K.V. Saste, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 5 TH AUGUST, 2011. P.C. : 1. Heard. 2. I have gone through the F.I.R. and the other annexures to the Bail Application. 3. A prima facie case exists against the Applicant. I am informed that the charge has already been framed in the matter and the case is kept for recording of evidence. Needless to say, that if the trial would not be over within a period of two months from the first date fixed for recording of evidence, the Applicant shall be entitled to apply for bail before the Magistrate under the provisions of Section 437(6) of the Code of Criminal Procedure. BA-975-11.sxw 2 Dixit 4. Considering the existence of a prima facie case and the motive that has been alleged behind the assault, I am not inclined to release the Applicant on bail, particularly when the trial is expected to be over within a short time. 5. The Bail Application is rejected. [A.M. THIPSAY, J.]