B.A.94/2022
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Order
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT BOMBAY
CRIMINAL BAIL APPLICATION NO. 94 OF 2022
( CNR NO.: MHCC020004802022 )
Azhar Hanif Shaikh
Age: 21 years, Occ: Student,
R/o: Room No.7, Ashtavinayak Chawl,
Ashok Nagar Pipeline, Safed Pool,
Sakinaka, Kurla (W),Mumbai72.
…Applicant/Accused.
V/s.
The State of Maharashtra.
( At the instance of Tilak Nagar P.Stn.
Vide C.R. No.3/2022)
…Respondents/State.
Appearance:
Mr. Datta G.Hotkar Advocate for the Applicant/Accused.
Mr. Ramesh Siroya, APP for the State/respondent.
CORAM : H.H. THE ADDL. JUDGE
SHRI G.B.Gurao (C.R.17)
DATE : 24/01/2022.
ORDER
1.
This is an application under section 439 of Cr.P.C. for bail by
applicant/accused Azhar Hanif Shaikh in crime No.3/2022 under
section 366,368,506(II) of IPC registered at police station Tilak Nagar,
Mumbai.
Facts in brief are as under :
2.
Complainant/Victim is resident of Ghatkopar (E), Mumbai.
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Complainant’s father runs medical shop by name Mahalaxmi Medical
and General store at Sakinaka, (E), Mumbai. Complainant used to go to
the shop to help her father. Accused used to come in the said shop and
therefore, complainant and accused got acquittance to each other. They
became friends.
Accused told to the complainant that his financial
condition is good and he plays in Cricket team. However, complainant’s
parents would not like to speak with accused. Therefore, complainant
stopped to speak with accused.
However, accused harass to the
complainant. Accused disclosed to the complainant that he loves her
and wants to marry her.
Due to this, complainant was frightened.
Complainant refused for the same. But accused was not in mood to
listen anything.
Prior to four months of the incident, complainant’s
father gave understanding to accused. However, at that time, accused
had threatened to him. On 31/12/2021, at about 12.00 hours, while
complainant was going in the Bank to deposit money, suddenly, one
rickshaw came. Accused caught hand of the complainant and asked her
to come with him. Thereafter, they went at Chembur station. At that
time, accused told to the complainant that today he will perform
marriage with her and no one will prevent him.
Accused also
threatened to the complainant that if she made hue and cry then he
will kill her. Thereafter, complainant and accused both went to Panvel.
Thereafter, they went at Santacruz Air port. Complainant was trying to
convince accused but he threatened to commit suicide.
On 01/01/22,
at about 8.00 p.m., at Andheri Railway Station. When accused had
gone in washroom, complainant ran away. Accordingly, complainant
lodged report against the accused.
3.
On the report crime is registered and now investigation is in
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progress.
4.
Mr. Datta G.Hotkar,Advocate for applicant/accused has submitted
that applicant is innocent and he has not committed any crime. In fact,
there was love affair of accused and complainant and they both wanted
to marry.
He has filed some photographs and also whatsup chat.
According to him, applicant has gifted Apple mobile phone to the
complainant. Thus, there was no kidnapping by applicant. He further
submitted that if the entire FIR is perused then ingredients of
confinement or concealing or kidnapping person do not attract.
According to him, accused is a student. His antecedents are clear and
he is ready to abide by the conditions, if any, imposed by the Court. He
prayed to release the applicant on bail.
5.
Mr. Ramesh Siroya, APP for the State has submitted that accused
has kidnapped the complainant. If the accused is released on bail then
he will pressurize the complainant and witnesses. He prayed to reject
the application.
6.
I have Perused the application and say of prosecution. Accused is
charged for the offence punishable under section 366,368 of the IPC i.e.
kidnapping of the woman to compel her marriage and concealing or
keeping in confinement a kidnapped person. Admittedly, complainant
and accused had developed friendship. Parents of the complainant did
not like the same and they had warned the complainant and accused.
The alleged incident took place on 31/12/21. It appears that initially
complainant and accused went at Chembur Railway Station thereafter,
Santacruz Air port and then Andheri Railway Station and from there
complainant ran away.
Whatsup chat between accused and
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complainant shows that there was exchange of messages. Complainant
is major and she had an opportunity to raise shouts while with accused.
On the contrary, she and accused were wondering together for one day.
Now, accused is in judicial custody, there is no recovery or discovery at
the instance of accused.
antecedents are clear.
Accused is student and young boy.
His
It also appears that major part of the
investigation is completed. Therefore, applicant/accused is entitled for
bail. Hence, following order.
ORDER
1.
Bail Application No. 94/2022 is hereby allowed.
2.
Applicant/accused namely Azhar Hanif Shaikh be
released on execution of P.R Bond of Rs. 20,000/
(Twenty Thousand only) with one or more sureties
in like amount in C.R. No. 03/2022 u/s 366, 368 and
506(II) of Indian Penal Code registered at Police
Station Tilak Nagar on the conditions that :
a)
He shall attend concerned police station as and
when reasonably required by investigating officer till
further orders.
b)
He shall not pressurize the prosecution
witnesses in any manner.
c)
He shall not commit any offence while on bail.
d)
He shall furnish his correct address to the
investigating officer.
B.A.94/2022
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3.
Order
He be released on provisional cash bail of
Rs.20,000/. Duration of provisional cash bail shall
be for four weeks.
4.
Bail before Ld. Magistrate.
5.
Bail Application No.94/2022 is disposed of
accordingly.
Digitally signed
by GIRISH
BALKRISHNA
GIRISH
BALKRISHNA GURAO
Date:
GURAO
2022.01.27
16:17:11 +0530
Dictated on
Transcribed on
Date of sign
: 24.01.2022.
: 27.01.2022.
: 27.01.2022.
(G.B.Gurao)
Addl. Judge
City Civil & Sessions Court,
Gr. Bombay.
B.A.94/2022
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
27.01.2022.
UPLOAD DATE AND TIME
Mrs. S.S.Sawant
NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)
HHJ SHRI.G.B.Gurao,(C.R.No.11)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order
24.01.2022.
Order signed by P.O. on
27.01.2022.
order uploaded on
27.01.2022.