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IN THE COURT OF SESSION AT GREATER BOMBAY
BAIL APPLICATION NO. 235 OF 2024
(CNR NO. MHCC02-001724-2024)
Mr. Afridi Makmuddin Shaikh @
Nakmuddin
)
… Applicant/Accused
)
)
… Respondent
Versus
The State of Maharashtra
(Through Sewree Police Station)
Ld. Adv. S. K. Zende for Applicant / Accused.
Ld. APP. Jyotsna Gawli for State / Respondent.
CORAM : HER HONOUR THE ADDITIONAL SESSIONS
JUDGE SMT. N.S. SHAIKH (C.R. NO. 39)
DATED : 05.03.2024.
ORDER
The applicant / accused has preferred this application
seeking bail in Crime No. 234 of 2023 registered with Sewree Police
Station for the offence punishable under Sections 376, 376(2)(n), 313
and 417 of the Indian Penal Code.
2.

As per the accused, the victim lodged complaint on
08.12.2023 alleging that she is widow residing with her children. One
Isaq is her neighbour who is selling chicken. Victim visits his shop to
purchase chicken frequently. Accused is worker in the said shop. Victim
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used to speak with accused. From 2020 to 2023 accused was having
affair with the victim and they used to speak on phone with each other.
Accused assured the victim of marrying her and taking care of her
children. In April-May, 2023, accused used to take victim to one hotel
at Sewree and had physical relations with her from time to time. Victim
got pregnant and they aborted the child on 23.05.2023.
3.

As per the victim in July, 2023, accused went to his native
place in west Bengal, but he did not returned. Victim tried to call him,
but his mobile phone was switched off. From brother of the accused,
victim learn that accused got married on 15.08.2023. Victim got new
mobile number of accused and spoke to him. Accused denied to have
any relation with victim and hence this complaint is filed.
4.

As per the accused, he was arrested on 28.12.2023 and
since 02.01.2024, he is in judicial custody. Accused contends that he is
falsely implicated in the offence.

As per the accused victim was in
consensual relationship with him and she got the abortion done on her
own will. As per the accused he has no criminal antecedents and he is
sole earner of his family.

Accused is ready to abide the terms and
conditions of bail, if imposed on him.
5.
Exh. 02.

The prosecution resisted the application by filing Say at
It is contended that the offence is serious in nature. The
relatives of accused are residing near the house of victim.

In case
accused is released on bail, he will threaten the victim.

As per
prosecution, the accused is not permanent resident of Mumbai and if he
is released on bail, he will abscond. Hence, the application is sought to
be rejected.

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6.

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The victim appeared and was heard in person. She resisted
the application contending that accused promised to marry her and had
physical relations with her.

She also submitted that, if accused is
released on bail, he will harass her. The victim therefore, prays for
rejection of the application.
7.

Heard learned counsel for accused learned APP. Perused
the copy of FIR and Remand Papers.
8.

Admittedly, since 02.01.2024, the accused is in judicial
custody.
conducted.

The medical examination of victim and the accused is
Statement of victim under Section 164 of Cr.P.C. also
recorded. The documents such as Register of Hotel, the case papers
where the victim got her abortion are also collected. Accordingly the
prosecution the investigation is completed and charge-sheet is filed
which is registered as CC No. 6200/151/PW/24.
9.

It is pertinent to note that the investigation is already
completed and charge-sheet is also filed.

Trial will take time to
commence and in the mean while nothing fruitful will be gained by
keeping the accused behind the bars. Hence, accused is entitled to be
released on bail. The apprehension of the prosecution can be taken
care of by imposing stringent conditions on the accused, while releasing
him on bail. Hence, I proceed to pass following order ORDER
1.

The Criminal Bail Application No. 235 of 2024 is hereby allowed.

2.

The accused Mr. Afridi Makmuddin Shaikh @ Nakmuddin be
released in Crime No. 234 of 2023 registered with Sewree Police
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Station for the offence punishable u/s. 376, 376(2)(n), 313 and
417 of IPC on executing PR bond of Rs. 50,000/- (Rs. Fifty
Thousand) with one or two sureties of like amount on the
following conditions a. The accused shall remain present before Sewree Police Station
on every Tuesday between 01.00 pm and 04.00 pm till filing of
the Charge-sheet.
b. The Accused is further directed not to tamper with the
prosecution evidence or witnesses.
c. The accused shall not leave jurisdiction of Maharashtra State
without prior permission of the Court till conclusion of the trial.
d. The accused shall submit the proof of his residential address,
phone number, Aadhar Card and Election Card, if any.
e. The breach of any condition will amount to cancellation of bail
forthwith.
3.

Accordingly Criminal Bail Application stands disposed off.

Date :- 05.03.2024.
Dictated on
Typed on
Signed on
(N.S. SHAIKH)
Additional Sessions Judge
City Civil And Sessions Court
Greater Bombay.
:
:
:
05.03.2024.
05.03.2024.
05.03.2024.

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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
05.03.2024 at 05.20 pm
UPLOAD DATE AND TIME
(M. N. Shirsath)
NAME OF TYPIST
Name of the Judge (With Court SMT. N.S. SHAIKH
room No.)
(C.R. No. 39)
Date
of
Pronouncement
JUDGMENT/ ORDER
of 05.03.2024
JUDGMENT/ORDER signed by P.O. 05.03.2024
on
JUDGMENT/ORDER uploaded on
05.03.2024