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BA 616-2024
IN THE COURT OF SESSION AT GREATER BOMBAY
CRIMINAL BAIL APPLICATION NO. 616 OF 2024
(CNR NO. MHCC02-004078-2024)
Abdul Majid Abbasali Siddiqui
)
… Applicant/Accused
)
)
… Respondent
Versus
The State of Maharashtra
(Through Sewree Police Station)
Ld. Adv. Vanita Sable for the Applicant.
Ld. APP. Geeta Sharma for State / Respondent.
CORAM : HER HONOUR THE ADDITIONAL SESSIONS
JUDGE SMT. N.S. SHAIKH (C.R. NO. 39)
DATED : 15.03.2024.
ORDER
The applicant / accused has filed Bail application under
Section 439 of Cr.P.C. in Crime No. 48 of 2024 registered with Sewree
Police Station for the offence punishable under Sections 376, 376 (2)
(N), 506 read with Section 34 of the Indian Penal Code.
2.

As per accused, the victim lodged complaint on 07.02.2024
alleging that she is married before 14 years and was staying with her
husband at Mumbai since two years. Her husband was harassing her
and she used to be sad. Accused is the neighbour of victim. Son of
accused i.e. Rajjab became friend of victim which turned into love
relationship. Since July-2022, Rajjab was having physical relation with
victim by assuring her of marriage. At the same time, the accused was
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BA 616-2024
also having physical relations with the victim assuring her that he will
marry Rajjab to the victim.
3.

As Rajjab and accused assured for marriage of victim, the
victim informed her husband about the same. The husband of victim left
her. Later Rajjab and accused also went away. Rajjab stopped speaking
with victim. The accused offered to marry the victim, but she insisted
to marry said Rajjab. In October-2023, another son of accused went to
the house of victim and threatened to kill her, if she implicate his
brother or accused. Hence, the complaint is filed.
4.

As per the accused, he is falsely implicated in the offence.

He is Taxi Driver since last 20 years. He was arrested on 07.02.2024
and since 12.02.2024 he is in judicial custody. He is not having criminal
antecedents and is ready to abide the terms and conditions of bail, if
imposed on him.
5.

The prosecution filed Say at Exh. 02 and resisted the
application contending that in case accused is released on bail, he will
tamper the evidence or threaten the witnesses. It is also submitted by
the prosecution that accused is residing in rented premises and
therefore, if released on bail, he may abscond. Hence, application is
sought to be rejected.
6.

The victim appeared and filed Say at Exh. 03. She stated
that in case the accused is released on bail, he may harass or threaten
her. Hence, she prays for rejection of application.

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BA 616-2024
7.

Heard learned counsel for the accused, learned APP. for the
State and the victim. Perused copy of FIR and Leave and Licence
Agreement of accused.
8.

The learned counsel for the accused submitted that
investigation is completed, no recovery or discovery is shown to be
made at the hands of this accused. As per the prosecution, soon the
Charge-sheet against this accused will be filed. Considering the said
circumstances and the fact that accused is in judicial custody since
12.03.2024 and filing of Charge-sheet will take time.

No purpose
would be served by keeping the accused behind bars. Hence, I pass the
following order ORDER
1.

The Bail Application No. 616 of 2024 is hereby
allowed.
2.

The accused Abdul Majid Abbasali Siddiqui in CR
No. 48 of 2024 registered with Sewree Police Station, he be
released on executing PR Bond of Rs. 15,000/- (Rupees
Fifteen Thousand) only, with one of more solvent sureties
of like amount.
3.

The accused shall submit the proof of his residence,
Aadhar Card, Election card, if any.
4.

The accused shall not involve in any crime.

5.

The accused shall not tamper with the evidence of
prosecution.

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BA 616-2024
6.

The accused shall not directly or indirectly make any
inducement, threat or promise to any person acquainted
with the facts of this case so as to dissuade him / her from
disclosing such facts to the Court or to the police officers.
7.

The accused shall attend the trial on each and every
date.
8.

Breach of any condition will amount to cancellation
of bail forthwith.
9.

The Bail Application No. 616 of 2024 stands disposed
off.
(N.S. SHAIKH)
Additional Sessions Judge
City Civil And Sessions Court
Greater Bombay.

Date :- 15.03.2024.
Dictation Typed on
Checked & Signed on
:
:
15.03.2024.
16.03.2024.

BA 616-2024
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
16.03.2024 at 12.50 pm
UPLOAD DATE AND TIME
(Y.M. SAKHARKAR)
NAME OF STENOGRAPHER
Name of the Judge (With Court SMT. N.S. SHAIKH
room No.)
(C.R. No. 39)
Date
of
Pronouncement
JUDGMENT/ ORDER
of 15.03.2024
JUDGMENT/ORDER signed by P.O. 16.03.2024
on
JUDGMENT/ORDER uploaded on
16.03.2024