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Criminal Bail Application No.213/2022
CNR NO. MHCC02-001071-2022
IN THE COURT OF SESSIONS FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.213 OF 2022
IN
C.R. NO. 01 OF 2022
Mr. Mohd Aakib Zamiruddin Ansari
Aged 23 years, Occupation : Service
And residing at Mohan Devji Chawl,
7th Golibar Road, Santacruz (East),
Mumbai – 400 055.

…Applicant
Versus
The State of Maharashtra
(Through Vakola Police Station in C.R.
No.01/2022)
…Respondent
Appearances:
Advocate Mr. Khalid Shaikh for the applicant/Accused.
APP Mrs. Meera Choudhary – Bhosale for the State/Respondent.
CORAM : H.H.THE ADDITIONAL SESSIONS JUDGE,
SONALI P. AGARWAL (C.R. NO. 41)
DATED : 2nd FEBRUARY, 2022.
:ORDER:
This is an bail application filed by accused under section 439 of
the Code of Criminal Procedure 1973 (hereinafter referred to as
“Cr.P.C.”) for grant of regular bail in connection with Crime No.01/2022
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Criminal Bail Application No.213/2022
for the offence punishable under Sections 354(a), 354(d), 509, 506 and
500 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”)
along with Sections 67 and 67(A) of the Information Technology Act,
2000 (hereinafter referred to as “I.T. Act”) registered with Vakola Police
Station.
2.

Heard argument of learned counsel for accused and learned APP
for the State.
3.

Prosecution has alleged that accused was working in grosary shop
near informant. She became acquainted with him and gave him her
mobile number. He was trying to establish physical closeness, therefore,
she did not keep any contact with him. Therefore, he was giving her
threat. From one Facebook ID Mycal Jain, informant’s photos were
uploaded on Facebook and dirty obscene messages were written below
that. From one Instagram ID bharosamatkarna her photos were
uploaded with dirty obscene messages “1 night 10000 price”. From
another Instagram account also her photo and dirty messages was
uploaded. Informant got doubt that this act is done by accused and
questioned him about the same. He told her that as she did not meet
him, therefore, now she has to see what further he posts on Facebook
and Instagram. He also gave threats to informant’s husband and sister
and therefore, FIR came to be lodged with police.
4.

Accused has contended that he is falsely implicated in this case.

His mobile phone is seized. He has further contended that trial will take
long time and prayed to be released on bail.

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5.

Criminal Bail Application No.213/2022
Prosecution has submitted that yet they have to investigate by
using which Email-ID, mobile phone and sim card accused created false
Facebook account and Instagram account. Prosecution has further
submitted that accused has also threatened informant and her relatives
even before the incident. Prosecution has further stated that accused is
not having permanent residence at Mumbai and objected the bail
application.
6.

Learned counsel for accused contended that there is nothing to
connect accused with the Facebook account and Instagram account
from where informant’s photo with dirty and obscene messages are
uploaded. He has further contended that on the basis of mere doubt FIR
is registered.
7.

It is pertinent to see that as per the allegations in the FIR after
such informants photo and obscene messages is uploaded on Facebook
and Instagram when informant questioned with accused, accused gave
her threats now she has to see what further he posts on Facebook and
Instagram. It appears, as per the allegations of prosecution accused did
not reply that he has not done so. It appears, even before incident
accused was trying to create physical closeness with informant and was
threatening
informant.

Prosecution
has
submitted
that
their
investigation as to E-mail ID using which such Instagram and Facebook
Accounts are created is to be completed. Yet other investigation
regarding antecedents of accused and statement of informant under
Section 164 Cr.P.C. is to be recorded. The conduct of accused as per
allegations of further giving threats or posting further on Facebook and
Instagram shows his prima facie involvement. Hence, it cannot be said
that there is absolutely nothing against accused or there is nothing to
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Criminal Bail Application No.213/2022
show his involvement in case. Hence, if at this stage accused released
on bail then there is every possibility that he will threaten informant
and prosecution witnesses and tamper with the evidence of prosecution
and abscond. Hence, it will not be proper to release him on bail. Hence,
pass following order:
ORDER
1.

Criminal Bail Application No.213 of 2022 is rejected.

2.

Criminal Bail Application No.213 of 2022 stands disposed of
accordingly.

Dt. 02.02.2022
Dictated on
Transcribed on
Signed on
(SONALI P. AGARWAL)
Additional Sessions Judge,
Gr. Bombay
: 02.02.2022
: 02.02.2022
: 02.02.2022
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Criminal Bail Application No.213/2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
03/02/2022 at 12.27 p.m.
UPLOADED DATE AND TIME
Subhash Sukhdeo Poul
NAME OF STENOGRAPHER
Name of the Judge (With Court H.H.J. Sonali P. Agarwal
Room No.
Room No.41)
Date
of
Pronouncement
Judgment/Order
of 02/02/2022
Judgment/Order signed by P.O.on
02/02/2022
Judgment/Order uploaded on
03/02/2022
(Court