Panaji: Goa Bench of Bombay High Court has granted bail to Israeli national Yaniv Benaim alias Atala in connection with the assault case registered against him.
Single bench comprising Judge Nutan Sardesai granted bail to Atala after submitting bond of Rs 50,000 and one local surety. He has also been debarred from leaving the state of Goa and the territorial waters of india without prior written permission from Additional Sessions Judge.
Advocate Damodar Dhond with advocate Swapnil Nasnodkar appeared on behalf of Atala before the HC.
Goa police had registered a case against Atala and two other foreign nationals on April 25, 2019 after 38-year-old Russian Eduardo Goryachev complained of the assault by them.
Two others – Maxim Litrinov and Denis – were also booked along with Atala in the case by Anjuna police.
Police had said that the Russian had to undergo surgery after brutal assault on him.
Goa Police had chargesheeted Atala before District and Sessions court on August 22, 2019.
In their submission before the High Court, police had said that Atala was involved in several crimes related to NDPS Act, Prevention of Corruption Act, 1988 and was living in the state without valid visa.
Police submitted that during investigation it was revealed that the accused was staying in India without valid travel documents like visa. He was moving in the jurisdiction on the strength of the clause in his release order in CID Crime Branch case in which court had ordered him not to leave the state till the disposal of the case.
Police stated that Atala was arrested by Uttarakhand police on April 30,2019 at India-Nepal border at Banbhasa Champavat in Uttarakhand.
He was arrested for trying to cross the border without valid documents and later handed over to Goa police.
The HC Judge while bailing out Atala pointed out that the complainant in his statement to the police had “clearly stated that the applicant was innocent and had not assaulted him.”
“This position had continued despite him being declared hostile and cross examination at the instance of the prosecution,” the Judge observed.
The complainant had also stated that he came to know the applicant (Atala) for the first time when the matter was called out in the court.
