Shaikh Khalil Ansari Vs State of Maharashtra Bail Application Bombay Sessions Court No 342 of 2024

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B.A.342/2024
MHCC020024932024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.342 OF 2024
Shaikh Khalil Ansari
Age – 64 years, Occ : Address : Resident of Andheri,
Mumbai 400 004
… Applicant /Accused No.2
– Versus The State of Maharashtra
(At the instance of DCB CID
Unit XII C.R.No.68/2023)
(corresponding C.R.No.787/2023
Dindoshi Police Station)
… Respondent
Appearance :Mr. Sunil Pandey, Advocate for the applicant.
Mr. Iqbal Solkar, APP for respondent.
CORAM : RAJESH A. SASNE
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 21/02/2024.
ORDER
This is an application filed by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail in connection with
CR. No.68/2023 registered with DCB CID, Unit XII (Corresponding
C.R.No.787/2023, Dindoshi Police Station) for the commission of
offences punishable u/sec.420, 465, 467, 468, 471, 34 of the Indian
Penal Code.

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2.

B.A.342/2024
It is alleged by the applicant / accused that he is innocent
and falsely implicated in the present case. He is arrested on 31.10.2023.
He has undergone custodial interrogation. Nothing is to be seized or
recovered from his possession. He was working as a clerk and his family
is totally depend on his shoulder. Investigation is completed. Therefore,
there is no point in keeping him behind bars till conclusion of trial. He
is a permanent resident of his given address therefore he prayed for
releasing him on bail.
3.

The prosecution opposed the application by filing reply
vide Exh.2. It is the contention of the prosecution that if the accused is
released on bail it will affect the collection of evidence. The
investigation is not completed therefore if accused is released on bail
there are chances of flee from justice. If the accused is released on bail
there are chances of threatening of prosecution witnesses and
tampering of prosecution evidence. Hence, prosecution prayed for
rejection of the application.
4.

Read the application, say filed by the prosecution. Heard
the ld. Advocate for the applicant and ld. APP for the State.
5.

It is the case of the prosecution that the accused cheated
the informant by showing forged release order of RBI and forged test
reports of BARC. It is the contention of the respondent that the accused
have also prepared forged documents of DRDO. They have taken
amount from the witnesses on the basis of forged documents. According
to the prosecution the applicant is the main accused, he was found
possessing fabricated release order of RBI and fabricated test report of
Bhabha Automic Research Center. Accordingly report is lodged and
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B.A.342/2024
offence is registered. The present accused has been arrested on
31.10.2023.
6.

From the record it appears that the role attributed to the
applicant is that some fabricated documents were found in his mobile
handset. The alleged releasing order of RBI and test report of BARC
were found in his possession. The investigation is completed.
Chargesheet is already filed. Trial will take its own course and a time to
conclude the case on merit. The applicant/accused was arrested on
31/10/2023. For more than three months he is behind bars. If
reasonable conditions securing his presence are imposed, he will be
entitled for the bail. Hence, I pass the following order :-
ORDER
1]
Bail Application No.342 of 2024 is allowed.

2]
Applicant / Accused Shaikh Khalil Ansari arrested in CR.

No.68/2023 registered with DCB CID, Unit XII (Corresponding
C.R.No.787/2023, Dindoshi Police Station) for the commission of
offences punishable u/sec.420, 465, 467, 468, 471, 34 of the Indian
Penal Code be released on bail on furnishing P.B. and S.B. of
Rs.30,000/- with one or two sureties.
3]
The applicant / accused shall not tamper with the prosecution
witnesses and evidence in any manner.
4]
The applicant / accused shall attend every date of the case till
conclusion of trial unless exempted specifically.

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5]
B.A.342/2024
The applicant / accused shall not leave India without prior
permission of the Court.
6]
Bail before the learned Trial Court.

Date : 21/02/2024.

Online Dictated on
: 21.02.2024.

( Rajesh.A. Sasne)
Additional Sessions Judge,
Gr. Mumbai.

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B.A.342/2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
23/02/2023
3.30 p.m.

UPLOAD DATE
TIME
P. A. GHODKE
NAME OF CLERK TYPIST
Name of the Judge (With Court H. H. Additional Sessions Judge Shri. R.A.
Room No.)
SASNE
Court Room No. 30.
Date of Pronouncement of ORDER 21/02/2023
ORDER signed by P.O. on
23/02/2023
ORDER uploaded on
23/02/2023