Abrar Ahmed Mohdmunazar Husain Shaikh Vs State of Maharashtra Bombay Sessions Court Criminal Bail Application No 780 of 2022

MHCC020044152022
IN THE COURT OF SESSIONS AT GREATER BOMBAY
BAIL APPLICATION NO.780 OF 2022
IN
C.R. NO.94 OF 2022
Mr. Abrar Ahmed Mohdmunazar Husain Shaikh,
Aged : 55 years, Indian Inhabitant,
Residing at Room No.1, 1st Floor,
35 Kapadia Building, Seth Motilal Lane,
Love Lane, Mumbai 400 010.
…Applicant
V/s.
The State of Maharashtra
(At the instance of Agripada
Police Station Mumbai,
vide C.R. No 94/2022)
… Non­applicant
Appearance :­
Mr. P. S. Singh Advocate for applicants/accused.
Ms. Ashwini Rayakar, Ld. APP for respondent/State.
CORAM :
DATE
:
H.H.J. SHRI R.J. KATARIYA
(C.R.NO.56).
8th APRIL, 2022.

ORDER BELOW EXHIBIT 1.
Heard Ld. Advocate Mr. P. S. Singh for the applicant, Ld.
APP Ms. Ashwini Rayakar for the State.
2.

Present application is filed by the applicant for grant of bail
­2­
BA 780/2022
in Crime No.94/2022 registered with Agripada Police Station, for the
offence punishable under Sections 143, 147, 149, 341, 353 of IPC and
Section 37(3) r/w 135 of Maharashtra Police Act.
3.

On 30.03.2022, A.D. No.31/2022 was registered at
Agripada Police Station in regard to death of minor girl whose dead
body was found at Classic Tower, B Wing, Dr. Anandrao Nair Marg,
Mumbai. The investigation was in progress. It is alleged that relatives of
the deceased were insisting to register offence of murder and rape. On
01.04.2022, at about 18.50 hours, mob was gathered out side the Police
Station and they started giving slogans and banging vehicle horn.
Informant API Krishna Tripal Ramteke came outside the Police Station.
There was unlawful assembly made by 35­40 persons insisting for
justice to the deceased girl. It is alleged that the abuses were given to
the police persons. Police tried to give them understanding but they
were not in a position to understand. They blocked road traffic. Some of
them came in the attacking mode on the police and interfered in
performance of their duty as Public Servant. Accordingly, crime was
came to be lodged against applicant and co­accused.
4.

The Learned advocate for applicant submitted that
applicant is falsely implicated in crime. He has not committed the
alleged offence. The applicant is arrested on 02.04.2022. He was in
Police custody till 04.04.2022 and since thereafter he is in judicial
custody. The applicant is ready to abide the conditions imposed and
prayed for grant of bail.
5.

Per contra, vide Say (Exh.2), Ld. APP opposed the
application. It is submitted that the applicant is seen in the CC TV
­3­
BA 780/2022
footage of the incident. The applicant and co­accused interfered in the
performance of duty of Police persons. The investigation is at initial
stage. Hence, prayed for rejection of the application.
6.

Considering the matter, there was mob of people gathered
at the Police Station making slogans and vehicle horn sounds. The
people gathered were said to insisting for justice to the deceased girl.
The applicant is arrested on 02.04.2022. He underwent PCR and sent to
judicial custody on 04.04.2022. Since then, he is behind bar. Except
section 353 of IPC rest all the offences are bailable in nature.
Considering the matter there would not be prejudice to the prosecution
if suitable conditions are imposed while granting bail to the applicant.
Hence, I proceed to pass following order :­
ORDER
1.

Bail Application No.780 of 2022 is allowed .

2
The applicant/accused Mr. Abrar Ahmed Mohdmunazar
Husain Shaikh be released on bail in C.R. No.94/2022
registered at Agripada Police Station, on furnishing P. R. bond
of Rs. 15,000/­ (Rupees Fifteen Thousand Only) with surety
of like amount.

3.

He shall co­operate for investigation and attend Agripada
Police Station as and when required by Investigating Officer.s
4.

He shall not commit any other or similar offence.

5.

He shall furnish the photo copy of his Aadhar Card, photo
copies of documents of his permanent and temporary
residential address.

6.

Provisional cash bail allowed for six weeks from today.

7.

Bail to be furnished before concerned Metropolitan Magistrate
­4­
BA 780/2022
Court.
8.

Learned Metropolitan Magistrate shall accept the cash bail as
above.

9.

Bail Application No.780/2022 stands disposed off.
RAJESH
JAGURAM
KATARIYA
Date : 08.04.2022
Typed on : 08.04.2022
Checked on : 08.04.2022
Signed on : 08.04.2022
Digitally signed by
RAJESH JAGURAM
KATARIYA
Date: 2022.04.08
17:30:53 +0530
( R.J. Katariya )
Addl. Sessions Judge(C.R. No. 56)
City Civil & Sessions Court,
Gr. Bombay.

­5­
BA 780/2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
UPLOAD DATE
TIME
08.04.2022
Name of the Judge
Date of Pronouncement of Judgment/Order.

NAME OF STENOGRAPHER
Umesh Jadhav (Typist)
HHJ Shri R.J.KATARIYA
(CR No.56)
08.04.2022
Judgment/order signed by P.O on
08.04.2022
Judgment/order uploaded on
08.04.2022