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Criminal Bail Application No.791/2022
CNR NO. MHCC02-004492-2022
IN THE COURT OF SESSIONS FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 791 OF 2022
IN
C.R. NO. 90 OF 2022
Salman Khan Kabeer Ahmed Khan
Age: 28 years, Occ: Salesman
Residing at Room No.18, LIG Colony,
Vinoba Bhave Nagar, Kurla (W),
Mumbai- 400 070.
Contact No.8652267812
…Applicant/Accused
Versus
State of Maharashtra
(At the instance of V.B. Nagar Police
Station vide C.R. No.90/2022)
…Respondent.

Appearances:
Advocate Mr. Moin Khan for the applicant/Accused.
APP Mrs. Shelar for the State/Respondent.

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Criminal Bail Application No.791/2022
CORAM : H.H.THE ADDITIONAL SESSIONS JUDGE,
SONALI P. AGARWAL (C.R. NO. 41)
DATED : 12th APRIL, 2022.
:ORDER:
This is 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.90/2022 for the offence
punishable under Sections 384, 354, 354(d), 506 and 500 of the Indian
Penal Code, 1860 (hereinafter referred to as “IPC”) registered with V.B.
Nagar Police Station.
2.

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

Prosecution has alleged that informant used to go in a Medical Shop
to bring medicines since 2021. She got acquainted with applicant-accused
who used to be present in the Medical Shop. He told informant that he will
bring medicines to her house and she is not required to visit Medical Shop.
Thereafter, he used to give her medicines by visiting her house. Therefore,
informant had given her mobile number to him and they started talking on
WhatsApp and mobile. It is further alleged that on the pretext of giving
medicines to informant, accused used to come to house of informant and
though informant had no wish he used to pull her close and kiss her lips
and move his hand on her breast. He also took photos of informant when
she was in his arm and he kissing her. Thereafter, he was giving her threats
to show such photos to her in-laws. He also gave her threats to kidnap her
daughter if she discloses about it to anyone and also gave threats to make
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Criminal Bail Application No.791/2022
such photos viral on social media. By giving such threats accused has taken
rupees five lakhs and four gold bangles of nine tolas and one gold locket of
one tola from informant. It is further alleged that accused used to take by
auto rickshaw in Kurla area and against her wish used to kiss her lips and
touch her breast. It is further alleged that on 17.03.2022, informant
demanded medicine and at 9.00 p.m. accused came to her home. That
time he felt that she is alone at home. That time accused caught her hand
and started kissing her. She told him other people are in the house but
again he started coming close to her body. That time her mother-in-law
and sister-in-law who were in the adjacent room came and accused ran
away. Then informant’s husband and father-in-law also came and then FIR
came to be lodged.
4.

Accused contends that he is pharmacist. He states that on
17.03.2022, Shoeb, Umar and other people kidnapped him and assaulted
him and snatched one lakh from him, one mobile, gold chain and ear-pod.
Applicant-accused has stated that some one informed police about the
incident and police rushed on the terrace of Noorjaha II, D-Wing and
rescued him and took him to the police station. His statement was
recorded. Applicant-accused has further stated that he was not returned
back cash amount of rupees one lakh and he was given messages that
again he will be kidnapped and this time his legs will be broken and
demanded rupees ten lakhs more otherwise he will be implicated in false
case. Applicant-accused has further stated that there was extra marital
affair between him and informant. Applicant-accused has further stated
that alleged incident occurred on 17.03.2022 and prosecution registered
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Criminal Bail Application No.791/2022
FIR on 25.03.2022 and there is delay in lodging FIR. Applicant-accused has
further stated that he is not having any criminal antecedents on record and
prayed to be released on bail.
5.

Prosecution has stated that rupees five lakhs, four gold bangles, gold
chain taken by accused from informant yet not recovered. Prosecution has
further stated that informant and accused stays in the same area and
informant’s husband and other relatives are in anger and there is
possibility that if accused is released on bail then he may commit other
crime. Prosecution has further stated that applicant-accused gave threats to
witness to kill. Prosecution has further stated that accused was staying on
rented basis and originally from Azamgad, Uttar Pradesh. Prosecution has
further stated that accused purchased I-phone but still I-phone is not
recovered and objected the bail application.
6.

Learned counsel for accused has contended that there was an extra
marital affair between accused and informant. He further contended that
WhatsApp chat between applicant and informant produced by him show
the same. He further stated that the photos produced by him show how he
was beaten. In the FIR itself it is alleged that accused himself used to visit
the house of informant on the pretext of giving medicine and used to kiss
and touch informant’s breast. Hence, there is a possibility that there was
some affair between applicant and informant. But further it is alleged that
accused has taken photograph of he kissing and taking informant in his
arm. It is further alleged that accused gave threats to informant to show
such photos to her in-laws. It is further alleged that accused gave threats
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Criminal Bail Application No.791/2022
to kidnap informant’s daughter and by giving such threats he has taken
rupees five lakhs and four gold bangles from informant. Prosecution has
further stated that yet such articles are not recovered. Therefore, merely on
the ground there was a love affair between informant and accused he
cannot be released on bail. It appears, as per allegations of prosecution
accused misused the relation with informant and has extorted money and
ornaments from her. Prosecution has stated that accused is staying on rent
and if released on bail then he may abscond. Prosecution has stated that
accused has given threat to witness. Considering all such circumstances
and allegations it appears, yet investigation is not complete and if at this
stage accused is released on bail, then there is every possibility that he will
lure or threaten witnesses and may abscond. Hence, it will not be proper to
release accused on bail. Hence, pass following order:
ORDER
1.

Criminal Bail Application No.791 of 2022 is rejected.

2.

Criminal Bail Application No.791 of 2022 stands disposed of
accordingly.

Dt. 12.04.2022
Dictated on
Transcribed on
Signed on
(SONALI P. AGARWAL)
Additional Sessions Judge,
Gr. Bombay
: 12.04.2022
: 12.04.2022
: 12.04.2022
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Criminal Bail Application No.791/2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
16/04/2022 at 11.55 a.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 12/04/2022
Judgment/Order signed by P.O.on
12/04/2022
Judgment/Order uploaded on
16/04/2022
(Court