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IN THE COURT OF SESSION AT GREATER BOMBAY
CRIMINAL BAIL APPLICATION NO. 1486 OF 2022
(CNR NO. MHCC02­008109­2022)
Mohd. Nurain Guddu Khan
) … Applicants / Accused
Versus
The State of Maharashtra
(Through Shahu Nagar Police Station)
)
) … Respondent
Ld. Adv. Shaikh for Applicant / Accused.
Ld. APP. Kalpana Hire for State / Respondent.
CORAM : HER HONOUR THE ADDITIONAL SESSIONS
JUDGE SMT. A. B. SHARMA
(C.R. NO.39)
DATED : 24.06.2022
ORDER
This is an application for bail under section 439 of Code of
Criminal Procedure in Crime No.195 of 2022 registered with Shahu
Nagar Police Station for the offence punishable under section 354, 354
(A), 354(D) of the Indian Penal Code.
2.

As per prosecution FIR, she is residing on the ground floor
and the accused is working on the first floor. It is alleged that the
accused used to tease her by uttering song “TUMSE MILNE KO DIL
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KARTA HAI RE BABA, TUMSE MILNE KO DIL KARTA HAI”. The victim
has told about it to her parents and the father of the victim has
informed about the act of the accused to his owner and accordingly the
understanding was given to him. It is further alleged that on
15.06.2022, when the victim was alone in her house, that time the
accused came there and hugged and kissed and pressed her breast and
thereby outraged her modesty. Therefore, she lodged report by going to
police station. On the basis of said report, the aforesaid crime came to
be registered against the accused.
3.

The Applicant/Accused had moved the application for bail
before the learned Trial Court, but the learned Additional Chief
Metropolitan Magistrate, 12th Court, Bandra, rejected the application on
the ground that offence is of serious in nature and he may abscond to
his native place as he is from the State of Uttarpradesh. The
applicant /accused claims bail on the ground that the applicant is aged
about 21 years. He is innocent and falsely implicated in the present
offence. The Applicant/accused further claims that he is only earning
member of his family. He has not having any previous criminal
antecedents. He is behind the bar since his arrest. The offence is triable
by the Magistrate. The investigation is almost completed. It is submitted
on behalf of the accused that he is ready to abide the conditions of bail.
4.

The Prosecution has raised objection to grant bail by filing
Say (Exh.02). It is submitted on behalf of the prosecution that the
applicant/accused is permanent resident of Uttarpradesh and there is
every possibility of his absconding after getting bail. The statement of
the witnesses remained to be recorded. The offence is serious and
against the society. If the accused is granted bail, then there will be
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every possibility that Accused will tamper with the prosecution
evidence. So also, there is every possibility that they will threaten the
victim and prosecution witnesses. Therefore, the prosecution strongly
objected for release of Accused on bail.
5.

After going through the Prosecution case and argument
advanced it appears that the learned trial court has shown its
disinclination to grant bail to the accused due to the seriousness of
offence. The say filed by prosecution goes to show that the investigation
in respect of the accused seems to be completed. The offence is not
punishable with death or imprisonment for life. The accused is behind
the bars since his arrest and I do not think that any useful purpose
would be served by keeping the accused behind the bar. So far as the
fear of the prosecution, in respect of the fleeing the accused is
concerned, certain conditions may be imposed while releasing him on
bail. Hence, I proceed to pass following Order :­
ORDER
1.

The Bail Application No. 1486/22 is hereby
allowed.
2.

The Applicant / Accused Mohd. Nurain Guddu Khan
be released on bail, in C.R. No. 195 of 2022 registered by
Vakola Police Station on furnishing P.B. and S.B. of
Rs.

15,000/­ (Rs. Fifteen Thousand only) with one or two solvent
sureties in the like amount.
3.

The Applicant shall remain present on each and
every date without fail.

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4.

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The Applicant shall not leave India without prior
permission of the Court.
5.

The Applicant shall submit the proof of his
residential address, phone number, Aadhar Card and Election
Card, if any.
6.

The Applicant shall not involve in any crime, if
found, his bail may be cancelled.
7.

The Applicant is further directed not to tamper with
the prosecution evidence or witnesses.
8.

The Applicant 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 him from
disclosing such facts to the Court or to the Police Officer.
9.

The Applicant is further directed not to visit the
place where victim and Prosecution witnesses are residing or
to contact them.
10.

In case of the violation of condition of bail the
prosecution is at liberty to file an application for cancellation
of bail.
11.

The accused shall not make any contact with the
victim or any other prosecution witnesses in any manner.

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12.

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The accused shall not enter into the area where she
resides till filling of chargesheet.
13.

The Provisional cash bail is allowed for Eight weeks.

(A.B.SHARMA)
Additional Session Judge,
City Civil & Sessions Court,
Greater Bombay.

Date :­ 24.06.2022.
Dictation Typed on
Checked & Signed on
: 24.06.2022.
: 24.06.2022.

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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
27.06.2022 at 11.20 am
UPLOAD DATE AND TIME
(Samruddhi Jadhav)
NAME OF STENOGRAPHER
Name of the Judge (With Court A.B.SHARMA
room no.)
(C.R. NO. 39)
Date
of
Pronouncement
JUDGMENT/ ORDER
of 24.06.2022
JUDGMENT/ORDER signed by P.O. 24.06.2022
on
JUDGMENT/ORDER uploaded on
27.06.2022