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Criminal Bail Application No.113/2022
CNR No. MHCC02-000577-2022
IN THE COURT OF SESSIONS FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 113 OF 2022
IN
C.R. NO. 401 OF 2021
Mohd. Ali Zakir Hussain Shaikh
Aged about 45 years,
Occupation – Cutting Master
R/at – Gopal Mistry Chawl, Indira Nagar,
Near T. Junction,
Dharavi, Mumbai – 400 017.

…Applicant/Accused
Versus
1. The State of Maharashtra
2. The Sr. Inspector of Police
Bhoiwada Police Station, Bhoiwada,
Mumbai – 400 014.

…Respondent
Appearances:
Advocate Mr. A.H. Pavaskar for the applicant/Accused.
ADPP Mrs. Meera Choudhary – Bhosale for the State/Respondent.
CORAM : H.H.THE ADDITIONAL SESSIONS JUDGE,
SONALI P. AGARWAL (C.R. NO. 41)
DATED : 21st JANUARY, 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
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Criminal Bail Application No.113/2022
grant of regular bail in connection with Crime No.401/2021 for the offence
punishable under Sections 376 and 420 of the Indian Penal Code, 1860
(hereinafter referred to as “IPC”) registered with Bhoiwada Police Station.
2.

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

Prosecution has alleged that accused gave promise of marriage to
informant and thereafter as he demanded she gave Rs.1,60,000/- to him
and also ornaments of four tola gold to him. It is further alleged that
accused took her in a hotel and had sexual relations with her. It is further
alleged that when informant asked him when they will marry, he told her
that after he returning from village they will marry. It is further alleged
that after coming from village accused avoided to talk on the subject of
marriage and also avoided to take her phone call and later his mobile
found switched off. Informant realised that by giving false promise of
marriage accused had sexual relations with her and also took her money
and ornaments. Therefore, FIR came to be lodged and later charge-sheet is
also filed.
4.

Accused has contended that there is delay of 5 months in filing FIR
and informant kept sexual relations with him with her consent and there
was delay in performing marriage because informant was not able to give
papers of divorce of first marriage to accused. Accused has further
contended that no gold ornaments were handed over to him by informant.
Applicant-accused has further contended that he is permanent resident of
Mumbai and charge-sheet is filed and prayed to be released on bail and
cash bail.
5.

Prosecution has filed reply that charge-sheet is filed against accused.

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6.

Criminal Bail Application No.113/2022
It is a matter of trial whether informant’s consent was obtained by
accused fraudulently. Charge-sheet is filed by police. There are no criminal
antecedents of accused brought on record by prosecution. Accused is
resident of Mumbai. Hence, it appears, no purpose is going to be served by
keeping accused behind the bar. Hence, it will be proper to release accused
on bail on some conditions. Accused also prayed for provisional cash bail.
Considering the seriousness of offence and that accused is resident of
Mumbai, it will be proper to release him on provisional bail for short
duration. Hence, pass following order:
ORDER
1.

Criminal Bail Application No.113 of 2022 is allowed.

2.

Accused viz. Mohd. Ali Zakir Hussain Shaikh be released on bail on
his furnishing PB and SB of Rs.15,000/- (Rupees Fifteen Thousand
only), with one or more surety/sureties in the like amount, in C.R.
No.401/2021 for the offence punishable under Sections 376 and 420
of IPC registered with Bhoiwada Police Station on the following
conditions:
(i) Accused is directed not to threaten or cause injury to
informant.
(ii) Accused is directed not to tamper with prosecution evidence.
(iii) Accused shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the
case so as to dissuade them from disclosing such facts to the court or
any police officer.
(iv) He shall furnish his mobile number, phone number & his all
addresses
including permanent, temporary and postal to the
Investigating Officer and shall not change or discontinue with the
mobile number provided to Investigating Officer till the conclusion
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Criminal Bail Application No.113/2022
of the trial. Investigating Officer to submit such addresses to the
Court.
(v) Accused viz. Mohd. Ali Zakir Hussain Shaikh
be released
provisionally on cash bail of Rs.35,000/- (Rupees Thirty Five
Thousand Only) for a period of 4 weeks from today.
3.

Criminal Bail Application No.113 of 2022 stands disposed of
accordingly.

Dt. 21.01.2022
Dictated on
Transcribed on
Signed on
(SONALI P. AGARWAL)
Additional Sessions Judge,
Gr. Bombay
: 21.01.2022
: 21.01.2022
: 21.01.2022
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Criminal Bail Application No.113/2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
24/01/2022 at 12.15 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 21/01/2022
Judgment/Order signed by P.O.on
21/01/2022
Judgment/Order uploaded on
24/01/2022
(Court