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IN THE COURT OF SESSION AT GREATER BOMBAY
BAIL APPLICATION NO. 1815 OF 2022
(CNR NO. MHCC020098372022)
Mukhtar Mustaq Shaikh
)… Applicant /Accused
Versus
The State of Maharashtra
(Through Chembur Police Station)
)
)… Respondent
Ld. Adv. Manish Gaikwar for applicant.
Ld. APP. Kalpana Hire for State / Respondent.
CORAM : HER HONOUR THE ADDITIONAL SESSIONS
JUDGE SMT. A. B. SHARMA (C.R. NO. 39)
DATED : 18.08.2022
ORDER
The Applicant has have moved this application under
Section 439 of Criminal Procedure Code for grant of prearrest bail in
Crime No. 503 of 2022 for the offences punishable under Sections 376,
377, 498A, 323, 504, 506 read with Section 34 of the Indian Penal
Code registered at Chembur Police Station, Mumbai.
2.
The story of Informant is that she acquainted with the
accused since her childhood. Their acquaintance converted into
friendship and subsequently love affair. The accused used to compel her
to keep physical relation with her. The accused captured photos and
videos while establishing physical relation. The applicant performed
marriage with the informant. After marriage they were not resided
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together and till that time also the informant was residing with her
parents. The accused compelled her to leave her parental house and
reside with the accused. It is also alleged that the accused had carnal
intercourse, oral sex, etc. with her. After marriage also the applicant
captured videos and photographs of the aforesaid activities. It is also
alleged that the accused had given Pills to the informant for terminating
her pregnancy. It is further alleged that the sister of the accused insisted
him by making phone call to leave the victim and return home. She
used to tell victim that her family members will not accept her. It is
further alleged that the accused obtained her signature on divorce
paper. On 19.06.2022, when the informant had been to her work, the
mother, brother of applicant and two ladies came to the informant and
asked her to leave the accused and returned to her parental house. It is
also alleged that the informant requested them to accept her, but, they
assaulted her. Thereafter, the accused, his mother, sister and brother
took the informant to Chembur Police Station and informed the police
that the accused had taken divorce from the informant. So, the custody
of the informant should be given to her parents. Therefore, the
informant lodged report against the applicant and others.
3.
Perused the application, Say (Exh. 2), Case Diary. Heard
Learned advocate for the accused and Learned A.P.P. for State.
4.
The learned advocate for applicant has reiterated the
contents of application and submitted that he is falsely implicated in the
present offence. The informant having love affair with the applicant /
accused. Therefore, the serious allegations made against him are not
made out. The complainant lodged false complaint with intent to harass
the accused mentally. The accused is permanent resident of Mumbai.
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The investigation is almost completed. The accused is behind the bar
since his arrest. He is only earning member of his family. He is ready to
abide by all the conditions, if imposed by the Court while granting
prearrest bail.
5.
The learned APP strongly opposed the application on the
ground that the offence is serious. The investigation is in progress. If the
protection is granted to the applicant, he will threaten the informant
and prosecution witnesses and will not cooperate in the investigation.
Hence, prayed to reject the application.
6.
The Say filed by the prosecution indicates that the
informant is wife of the accused and the family members of the accused
are not ready to accept her. Therefore, the dispute arose between them.
He is behind the bar since his arrest. It is seen that the material
investigation in respect of the accused is completed. So, his longer
detention is not required for the purpose of the investigation.
Considering the nature of the offence, I am of the view that the accused
is entitled for bail subject to certain conditions. Hence, I proceed to pass
following order :
ORDER
1.
The Bail Application No. 1815 of 2022 is hereby
allowed.
2.
The Applicant / Accused Mukhtar Mustaq Shaikh be
released on bail, in C.R. No. 503 of 2022 registered by
Chembur Police Station on furnishing P.R. Bond of Rs.
25,000/ (Rupees Twenty Five Thousand only) with one or
more solvent sureties in the like amount.
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3.
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The Applicant is further directed to visit Chembur
Police Station once in a week, i.e. every Thursday between
2.00 to 6.00 p.m. and to maintain the diary in respect of the
visit till conclusion of trial.
4.
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 shall regularly attend the case on each
and every date.
10.
The Applicant is further directed not to visit the place
where Prosecution witnesses are residing or to contact them.
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11.
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In case of the violation of condition of bail the
prosecution is at liberty to file an application for cancellation
of bail.
12.
The Provisional cash bail is allowed for Eight weeks.
Anita
Bajranglal
Sharma
(A. B. SHARMA)
Additional Sessions Judge
City Civil & Sessions Court
Greater Bombay
Date : 18.08.2022.
Dictation Typed on
Checked & Signed on
Digitally signed by
Anita Bajranglal
Sharma
Date: 2022.09.05
11:14:17 +0530
:
:
18.08.2022.
26.08.2022.
BA 18152022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
05.09.2022 at 10.50 am
UPLOAD DATE AND TIME
(Y.M. SAKHARKAR)
NAME OF STENOGRAPHER
Name of the Judge (With Court SMT. A. B. SHARMA
room no.)
(C.R. NO. 39)
Date
of
Pronouncement
JUDGMENT/ ORDER
of 18.08.2022
JUDGMENT/ORDER signed by P.O. 26.08.2022
on
JUDGMENT/ORDER uploaded on
05.09.2022