B.A.51/24 MHCC020003002024

IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No. 51 OF 2024

Abushahid Abdul Hamid Alimiya
Age 26 years, Occ Having address at Room No.101,
Panchvati Complex, C wing,
Sector 14, Kamothe, Navi Mumbai. … Applicant

– Versus

The State of Maharashtra (Through Crime Branch Unit VI, vide LAC No.97/2023)
(corresponding C.R.No.534/2023, R.A. Kidwai Police Station) … Respondent

Appearance :Mr. Atal Dubey a/w Mr. Rahul Mishra Advocate for the applicant.
Mr. Iqbal Solkar, A.P.P. for respondent.

CORAM : RAJESH A. SASNE, ADDITIONAL SESSIONS JUDGE, COURT ROOM No. 30.
DATED : 15/01/2024

ORDER

This is an application filed by the accused u/sec.439 of Criminal Procedure Code for releasing him on bail in connection with LAC No.97/2023 registered with Crime Branch Unit VI (corresponding C.R.No.534/2023, R.A. Kidwai Police Station) for the commission of offences punishable u/Sec. 465,467,468,471 and Section 3 r/w Section 6 of Passport (Entry into India) rules, 1950, u/sec.3(1) of Foreigners Order 1948 alongwith Section 14 of the Foreigners Act, 1946.

2.It is alleged by the applicant / accused that the applicant is falsely implicated in the present case. He was arrested on 09.12.2023. Nothing is to be seized or recovered from the possession of the accused.
The applicant is having Birth Certificate, Driving License, Election Card, Aadhar Card. He has undergone custodial interrogation and now accused is in judicial custody. Investigation is over. Nothing is to be
seized or recovered from the possession of the accused. Therefore, there is no point in keeping the accused behind bars till conclusion of trial. He is permanent resident of his given address therefore he prayed for releasing him on bail.

3.The prosecution opposed the application by filing reply vide Exh.2. The contention of the prosecution is that the accused has committed offence punishable u/sec. 465,467,468,471 and Section 3 r/w Section 6 of Passport (Entry into India) rules, 1950, u/sec.3(1) of Foreigners Order 1948 alongwith Section 14 of the Foreigners Act, 1946. It is alleged by the prosecution that if the accused is released on
bail there is possibility of threatening of prosecution witnesses. If accused is released on bail there is possibility of tampering prosecution evidence. If the accused is released on bail there is possibility that she will flee away from the justice. Hence, prosecution prayed for rejection of the application.

4.Read the application, say filed by the respondent. Heard the ld. Advocate for the applicant and ld. advocate for the respondent.

5.It is the case of the prosecution that the police have arrested the applicant / accused as illegal migrant. He is arrested on 09.12.2023. The applicant has produced various documents in support
of his contention that he is Indian National. It is a matter of merit to verify whether, the applicant is illegal migrant or not.

6.I refer to the following judgments :

1. Aayesha Siddhika Salim Mulla @ Kajal Salim Shaikh V/s. The State of Maharashtra in BA No.3211 of 2022, 3216 of 2022 and 3217 of 2022 (Hon’ble Bombay High Court).

2. Archona Purnima Pramanik V/s. State of Karnataka in MANU/KA/0296/2020.

3. Babul Khan and Ors. V/s. State of Karnataka and Ors. MANU/KA/2159/2020.

7.I have gone through the ratios laid down in judgments of Hon’ble Bombay High Court and Hon’ble Karnataka High Court. The Hon’ble Bombay High Court in Aayesh Mullas case supra in similar facts
granted bail to the accused. No recovery is pending. The Hon’ble Karnataka High Court in the aforesaid judgments also granted bail Bangaladesh citizens. If reasonable conditions to secure the attendance
of the accused are imposed he will be entitled to be released on bail. Hence, I am of the view to allow the application. In the result I pass the following order :

ORDER

1] Bail Application No.51 of 2024 is allowed.

2] Applicant / Accused Abushahid Abdul Hamid Alimiya, arrested in LAC No.97/2023 under Section 465,467,468,471 and Section 3 r/w 4 Section 6 of Passport (Entry into India) rules, 1950, u/sec.3(1) of
Foreigners Order 1948 alongwith Section 14 of the Foreigners Act, 1946 registered with Crime Branch Unit VI (corresponding C.R.No.534/2023, R.A. Kidwai Police Station) be released on bail on furnishing P.B. and S.B. of Rs.25,000/- with one or two sureties.

3] The applicant / accused shall not tamper with the prosecution witnesses and evidence in any manner.

4] The applicant / accused shall attend the concern police station on every Saturday between 11.00 a.m. to 2.00 p.m. till filing of the charge sheet.

5] Provisional cash bail in the like amount is allowed. The accused shall furnish surety within 4 weeks from the date of release from jail failing which the cash bail shall stand forfeited without any separate
order to that effect.

6] The applicant / accused shall not leave India without prior permission of the Court.

7] Bail before the concern Magistrate.

Date : 15/01/2024 Dictated on Transcribed on Signed by HHJ on : 15.01.2024 : 16.01.2024
: 17.01.2024 ( Rajesh.A. Sasne) Additional Sessions Judge, Gr. Mumbai. 5 B.A.51/24 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED ORDER.” 17/01/2024 5.30. p.m. UPLOAD DATE TIME J.S. Chavan NAME OF STENOGRAPHER Name of the Judge (With Court H. H. Additional Sessions Judge Shri. Room No.) R.A. SASNE, Court Room No. 30. Date of Pronouncement of ORDER 15/01/2024
ORDER signed by P.O. on 17/01/2024 ORDER uploaded on 17/01/2024