MHCC020025802024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 379 OF 2024
Mohd. Riyaz Siddiqui
Age : 31, Occ. Kabab Pav Seller
R/at : Nirankari Nagar Zopadpatti,
Opp. Road No.6, Shivaji Nagar,
Govandi, Mumbai 43.

… Applicant/
Org. Accused
Vs.
The State of Maharashtra,
(At the instance of Shivaji Nagar police
station, Mumbai).

… Respondent/
Org. Complainant
Appearances :Ms. Kavita Powar, Ld. Adv. for applicant/accused.
Mr. Ramesh Siroya, Ld. A.P.P. for respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A. A. KULKARNI (C.R. NO.22)
DATED : 20th February, 2024.
ORDER
This is an application for bail under Section 439 of the
Code of Criminal Procedure. Heard learned Advocate for the applicant
and learned A.P.P. for the respondent/State. Perused the documents on
record.

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BA-379/2024
It is contention of the applicant that he is arrested by police
in connection with C. R. No. 97 of 2024 registered by Shivaji Nagar
police station for the offence punishable under Section 323, 324, 326,
504, 506(2) of IPC with Section 37(1)(A), 135 of Maharashtra Police
Act.

It is further contention that applicant is falsely implicated in this
case. During quarrel took place between applicant and informant. It is
further contention of applicant is husband of informant. This is family
dispute between them. It is further contention that there is no prima
facie case is made out against the applicant. He is ready to co-operate
with investigation. In such circumstances, there is no need of further
detention of applicant. Hence, they prayed for grant of bail.
3.

The learned A.P.P. and Investigating Officer opposed the
application on the ground that applicant is husband of informant. If
applicant is released on bail there is possibility of tempering of evidence
of prosecution and threatening witness. Hence, prayed for rejection of
the application.
4.

In view of submissions from both the sides and on perusal
of F.I.R. allegations in the F.I.R. that incident occurred on 3.02.2024 at
about 10.30 am when informant and her mother going for meet the
aunt Heena. As per the allegations of informant there was quarrel
between applicant and informant due to informant having 4 daughters
from applicant and applicant was married with another women and he
asked for sign the papers made by applicant, during that quarrel
applicant assaulted informant’s mother by knife upon her cheeks and
tongue and also assaulted informant by knife upon her nose, right
eyebrow and upon forehead and abuse them. Thereafter informant and
his mother went to Shatabadi hospital for treatment. Prima facie, no
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BA-379/2024
grievous injury is mentioned in any medical certificate or medical paper.
In such circumstances, there is no need of further detention of
applicant. Hence, by imposing condition applicant may be released on
bail. Hence, I pass following order :ORDER
1.

Criminal Bail Application No.379 of 2024 is allowed.

2.

Applicant/accused Mohd. Riyaz Siddiqui be released on bail on
furnishing P.R. & S.B. of Rs.25,000/- along with one or more
sureties in the like amount in connection with C.R. No.97/2024
registered with Shivaji Nagar police station.

3.

Applicant/accused shall attend Shivaji Nagar Police Station,
Mumbai, as and when required by Investigating Officer on notice.

4.

Applicant/accused shall furnish his residential address proof
and contact numbers to Investigating Officer.

5.

Applicant/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 him from disclosing such facts
to the Court or to any Police Officer.

6.

Applicant/accused shall not leave India without previous
permission of the Court.

7.

Bail before learned Court below.

8.

Provisional cash bail is allowed for eight weeks.

9.

Criminal Bail Application No.379 of 2024 stands disposed of
accordingly.

Date : 20.02.2024
Directly dictated on computer on : 20.02.2024
HHJ signed on
: 21.02.2024
(A. A. Kulkarni)
Additional Sessions Judge,
Sessions Court,
Gr. Bombay (C.R.No.22)
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BA-379/2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
21.02.2024
5.30 p.m.

Order is prepared by Presiding Officer
Name of the Judge (With Court
Room No.)
Date of Pronouncement
JUDGMENT /ORDER
HHJ SHRI. A.A. KULKARNI (CR 22)
of
20.02.2024
JUDGMENT /ORDER signed by
P.O. on
21.02.2024
JUDGMENT /ORDER uploaded
on
21.02.2024