1
MHCC020063562024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
BAIL APPLICATION NO. 1170 OF 2024
Mohammed Zaid Istiyak Ansari
… Applicant/accused
Vs.
The State of Maharashtra
(Through of R.C.F. Police Station vide
C.R. No. 279/2024)
… Respondent/State
Appearance :Mr. Viral Rathod, Ld. Advocate for Applicant/Accused.
Mr. Sachin Patil, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.S. SALGAR (C.R. NO.24)
DATED : 10TH MAY, 2024
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application filed by applicant/accused under
Section 439 of the Code of Criminal Procedure, 1973, for releasing
him on regular bail in connection with C.R. No.279/2024 registered
with R.C.F. police station for the offence punishable under Sections
452, 427, 504, 506, 506 (2) of the I.P.C.

2.

Applicant/accused submitted that he is innocent and
has not committed any offence. There is no incriminating material
2
against
applicant/accused.

Applicant
has
been
thoroughly
investigated and nothing is recovered. Applicant/accused is in jail
from 21.04.2024. Applicant/accused is ready to co-operate
investigating machinery. Hence, applicant/accused prayed for grant
of regular bail in connection with C.R. No.279/2024 registered with
R.C.F.. police station.
3.

The investigation officer submitted reply at Exh.2 and
resisted the application on the ground that applicant/accused is
habitual offender. If bail is granted to applicant/accused then he
will commit similar type of offence. He will also tamper prosecution
witnesses. Lastly, investigating officer prayed for rejection of bail
application.
4.

Complainant appeared through his advocate and filed
intervention application at Exh.4 and resisted the bail application.
5.

Heard Ld. Advocate
Mr.

Viral Rathod
for the
applicant/accused, Ld. APP Sachin Patil for Respondent/State and
Ld. Advocate Mr. Naushad Ahmed for Intervener.
6.

Perused contents of application and say filed by
investigating officer. By this application applicant/accused prayed
for grant of regular bail. Investigation officer and informant
strongly objected the application. I have gone through the F.I.R. In
F.I.R. there are allegation against against applicant/accused that on
19.04.2024 the accused came near the bungalow of informant on
motor cycle and he was carrying iron rod and he gave threat to kill
watchman of the building and entered the compound of the
3
building and broken CCTV cameras by means of iron rod and also
broken the glass of car. From the report of investigating officer it is
seen that investigating officer drawn spot panchanama, recorded
statement of witnesses. Iron rod used in crime is already recovered.
Thus it is clear that investigation investigation of crime is
practically completed.
7.

In present case the accused is in jail from 21.04.2024.

No purpose will be served by keeping him behind the bar. It will
take time to commence the hearing of the case. The alleged offence
is triable by Ld. Metropolitan Magistrate. Therefore by imposing
conditions he is entitled to be released on bail.
8.

In
present
case
there
are
allegations
against
applicant/accused that he broken CCTV camera as well as glass of
car. In my view considering the nature of offence it is proper to
impose stringent conditions upon applicant/accused and heavy
surety must be taken from him. Applicant/accused can be directed
to deposit the amount of
Rs. 1,00,000/- before Ld. Metropolitan
Magistrate Court. Hence, application needs to be allowed.
Therefore, I proceed to pass following order :ORDER
1.

Criminal
Bail
Application
No.1170
of
2024
filed
by
Applicant/accused persons is allowed.
2.

Applicant/accused namely
Mohammed Zaid Istiyak Ansari,
resident of Room No.102, Building No.16, Nisha Co-Op.Hsg.Sty,
First Floor, Indian Oil Nagar, Mankhurd Link Road, Govandi,
Mumbai-400 043 be released on regular bail on furnishing P.R.
Bond of Rs.50,000/- (Rupees Fifty Thousand Only) along with one
4
or
two
sureties
in
like
amount
in
connection
with
C.R. No.279/2024 registered with R.C.F. Police Station for the
offence punishable under Sections 452, 427, 504, 506, 506 (2) of
I.P.C. on following conditions :(a) Applicant/accused is directed to attend concerned police
station on every Sunday and Wednesday in between 11:00 a.m. to
01:00 p.m till filing of the charge-sheet.
(b) Applicant/accused and his sureties shall provide their
respective residential addresses, mobile numbers and email
addresses, if any to investigation officer. Applicant/accused shall
intimate any such change in address or telephone numbers and
Email ID forthwith.
(c) Applicant/accused should not directly or indirectly make any
inducement, threat or promise to any person acquainted with facts
of case so as to dissuade them from disclosing the facts to Court or
any Police Officer and should not tamper with the evidence and
prosecution witnesses.
(d) Applicant/accused shall not leave India without prior
permission of Ld.Trial Court.
(e) Applicant/accused is directed to deposit an amount of
Rs.01,00,000/- (Rupees One Lakh Only) in Trial Court.
(f) Except for attending the trial, the applicant/accused shall not
enter the jurisdiction of R.C.F. Police Station after being released
on bail till the trial concludes.
(g) Breach of any conditions by applicant/accused shall result in
cancellation of bail.
3.

Provisional cash bail is allowed.

4.

After furnishing the surety as well as depositing the amount of
5
Rs.01,00,000/- (Rupees One Lakh Only) in Trial Court, the
applicant/accused be enlarged on bail.
5.

Bail before Ld. Trial Court.

6.

Criminal Bail Application No.1170 of 2024 stands disposed off
accordingly.
Digitally signed
by ATUL
ATUL
SHANKARRAO
SHANKARRAO SALGAR
SALGAR
Date: 2024.05.14
11:56:09 +0530
Date : 10.05.2024
Dictated on
Transcribed on
HHJ signed on
[A.S. SALGAR]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
(C.R. No.24)
: 10/05/2024
: 10/05/2024
: 13/05/2024
6
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time
13/05/2024 3.30 p.m.

Name of Stenographer
PRAJWALA V. PHODKAR
Name of the Judge (With Court HHJ SHRI. A.S. SALGAR (CR 24)
Room No.)
Date of Pronouncement
JUDGMENT /ORDER
of 10/05/2024
JUDGMENT /ORDER signed by 13/05/2024
P.O. on
JUDGMENT /ORDER uploaded 13/05/2024
on