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Criminal Bail Application No.1063/2022
MHCC020060192022
IN THE COURT OF SESSIONS FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1063 OF 2022
IN
C.R. NO. 43 OF 2022
Mr. Nasim Bashir Khan
Age 50 Years, Occ. Service,
R/at. Room No.58, Azad Nagar,
Sonia Gandhi Nagar, Ghatkopar (W)
Mumbai­
…Applicant
Versus
The State of Maharashtra
(At the instance of Sr. P.I. Ghatkopar
Police
Station, Dist: Mumbai)
…Respondent
Appearances:
Advocate Mr. Usmani for the applicant/accused.
APP Mrs.Meera Choudhary­Bhosale for the State/Respondent.
CORAM : H.H.THE ADDITIONAL SESSIONS JUDGE,
SONALI P. AGARWAL (C.R. NO. 41)
DATED : 13th MAY, 2022.

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Criminal Bail Application No.1063/2022
: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.43/2022 for the offence
punishable under Sections 376, 376(2) (n),420, and 506 of the Indian
Penal Code, 1860 (hereinafter referred to as “IPC”) registered with
Ghatkopar Police Station.
2.

Heard arguments of learned counsel for applicant/accused and Ld.

APP for the State.
3.

Prosecution has alleged that in the year 2019 at the house of
applicant/accused, co­accused Salim Qureshi brought information. It is
alleged that applicant/accused gave Tea to informant. It is alleged that
thereafter informant lost her consciousness. It is alleged that on the next
day co­accused Salim Qureshi showed video clips of informant in nude
condition and gave threats to her to make such videos viral. It is alleged
that applicant/accused told informant that co­accused Salim Qureshi is his
nephew and he loves her and he will marry her. It is alleged that thereafter
co­accused Salim Qureshi was staying with informant at her house. He was
having sexual relations with her by giving her promise of marriage. It is
alleged that informant became pregnant because of co­accused Salim
Qureshi and said pregnancy was terminated. It is alleged that co­accused
Salim took ornaments and money from informant. It is alleged that in
August 2021 informant stood surety for both accused. It is alleged that
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Criminal Bail Application No.1063/2022
thereafter informant came to know that co­accused Salim Qureshi is at his
village and therefore, FIR came to be lodged.
4.

Applicant/accused has stated that he is falsely implicated in this case
and prayed to be released on bail.
5.

It appears that as per the allegations of prosecution, informant was
taken to the house of applicant in the year 2019 by co­accused Salim
Qureshi and it is alleged that she became unconscious and co­accused
Salim took her nude video clips. It appears that the FIR is filed in the year
2022 and not in 2019 against applicant accused. It is alleged that co­
accused Salim told informant that he will marry her and he was staying
with her, and having sexual relations and she became pregnant and her
pregnancy was also terminated. Applicant/accused has produced one xerox
copy of application given by informant to Commissioner of Police in which
she has stated that she is married to co­accused Salim and staying with
him. Considering the role of present applicant/accused that first time co­
accused Salim took her to his house in the year 2019 and other
circumstances it appears that there are no reasonable ground to keep him
behind the bar. There are no criminal antecedents against the applicant
accused brought on record. Hence it will be proper to release accused on
bail on some conditions. Hence, pass following order:
ORDER
1.

Criminal Bail Application No.1063 of 2022 is allowed.

2.

Accused viz. Nasim Bashir Khan be released on bail on his
furnishing PB and SB of Rs.15,000/­ (Rupees Fifteen Thousand only), with
one surety in the like amount, in C.R.No. 43/2022 for the offence
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Criminal Bail Application No.1063/2022
punishable under Sections 376, 376(2) (n),420, and 506 registered with
Ghatkopar 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) Accused shall furnish his mobile number, phone number &
his all addresses including permanent, temporary and postal to
the Investigating Officer and in case of change or discontinue with
the mobile numbers provided to Investigating Officer will
inform new mobile number to Investigating Officer till the
conclusion of the trial. Investigating Officer to submit such
addresses and phone and mobile numbers to the Court.
(v) Applicant/accused is directed to attend the Ghatkopar police
Station on 1st Tuesday of every month in between 10.00am. To
11.00a.m. till filing of final report by police.
3.

Criminal Bail Application No.1063 of 2022 stands disposed of
accordingly.

Dt. 13.05.2022
Dictated on
Transcribed on
Signed on
: 13.05.2022
: 13.05.2022
: 13.05.2022
(SONALI P. AGARWAL)
Additional Sessions Judge,
Gr. Bombay
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Criminal Bail Application No.1063/2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
13/05/2022 at 4.26 p.m.
UPLOADED DATE AND TIME
Mrs.Jyoti R.Mane
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 13/05/2022
Judgment/Order signed by P.O.on
13/05/2022
Judgment/Order uploaded on
13/05/2022
(Court