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IN THE COURT OF SESSION AT GREATER BOMBAY
CRIMINAL BAIL APPLICATION NO. 1699 OF 2022
(CNR NO. MHCC020092332022)
Shoaib Siddiqui Shaikh @ Mohammad Shoaib )
Mohammad Siddiq Shaikh
) Applicant/Accused
Versus
The State of Maharashtra
(Through Nirmal Nagar Police Station)
)
) Respondent
Ld. Adv. S.A. Vasid for Applicant / Accused.
Ld. APP. Kalpana Hire for State / Respondent.
CORAM : HER HONOUR THE ADDITIONAL SESSIONS
JUDGE SMT. A. B. SHARMA (C.R. NO.39)
DATED : 12.08.2022
ORDER
The applicant / accused moved this application under
Section 439 of Code of Criminal Procedure for grant of bail, in Crime
No. 770 of 2022 registered with Nirmal Nagar Police Station for the
offence punishable under Sections 498(A), 376, 377, 323, 504 and 506
read with 34 of the Indian Penal Code.
2.
The story of the informant is that she got married with the
accused on 07.06.2022 and thereafter she started residing with the
accused in rented room. It is alleged that on the very first night of
marriage, the accused has committed sexual intercourse and carnal
intercourse against the wish and will of the informant. Due to which,
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her health was deteriorated. When she requested the accused to take
her to the hospital, he abused her and not took her to the hospital. It is
also alleged that on next day, the accused repeatedly had oral and
carnal sex with the informant forcibly. Due to which, her health become
deteriorated. Thereafter, on 10.06.2022, the accused and the informant
went to the hospital. Doctor advised her not to keep physical relation
for next some days as she had infection and also prescribed medicines.
However, the accused continuously doing oral and carnal sex with the
informant. It is also alleged that after some days, the other coaccused
also demanded dowry and on this count they used to abuse and quarrel
with her. They also used to threaten to drive her out of the house. It is
also alleged that the accused and other coaccused mentally and
physically harassed the informant. On the basis of said information,
offence came to be registered against the accused and the other
coaccused.
3.
Perused application, Say (Exh. 02) and case diary. Heard
learned advocate for the accused and learned APP Hire for the State.
4.
The learned advocate for the accused has reiterated the
contents of the application. He further submitted that the allegations
levelled against the applicant / accused is false. He also submitted that
the informant got engaged with the applicant / accused in the year
2020. The applicant / accused was working in Kuwait and during the
period of two years, he paid Rs. 7,00,000/ to the informant by
transferring in the account of one Mohd. Ashfak. It is also submitted
that the informant picked up quarrel with the applicant / accused and
threatened him to implicate him in false dowry demand case. He also
submits that the applicant / accused has lodged NCR No. 1357/2022,
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on 04.07.2022 and thereafter the informant falsely implicated the
applicant / accused and other coaccused in this offence. The accused is
arrested on 06.07.2022. It is also submitted that now the longer
detention of the applicant /accused is not required. The applicant /
accused is ready to abide the conditions of bail. Therefore, the accused
prayed for grant of bail.
5.
The Prosecution has resisted the application by filing Say
(Exh. 02). It is submitted that the offence is serious. The informant has
left her matrimonial house only within one month as the accused
harassed her to that extent. If the accused is released on bail, no witness
will come forward to cooperate in the investigation due to the fear of
the accused. If the accused enlarges on bail, he will tamper and
pressurize the prosecution witnesses. There is every possibility that the
accused will flee to Kuwait after getting bail. It is also submitted that
some persons are giving continuous threats to the informant for
withdrawing the FIR. Therefore, it is not desirable to release the
accused. Hence, prosecution prayed to reject the bail application of the
accused.
6.
It reveals from the documents annexed with the application
that the accused has registered NCR first against the informant. It is also
seen that Rs. 50,000/ is deposited in the name of Mohd. Ashfak. The
informant has not given any explanation about it, during the hearing of
this application. It is nowhere seen that threats were given by the
accused or on his behalf. The threats were given by some unknown
person. The investigating officer has also not filed any additional Say
about it. It is seen that the informant and the accused is having
matrimonial dispute. He is behind the bar since his arrest. Case diary
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indicates that material investigation in respect of the accused is
completed. Thus, I do not find that further incarceration of the accused
is required. So far as the fear of the prosecution, in respect of the
tampering of the prosecution witnesses is concerned, certain stringent
conditions may be imposed while releasing the accused on bail. Hence, I
proceed to pass following Order :
ORDER
1.
The Bail Application No. 1699 of 2022 is hereby
allowed.
2.
The Applicant / Accused Shoaib Siddiqui Shaikh @
Mohammad Shoaib Mohammad Siddiq Shaikh be released
on bail, in C.R. No. 770 of 2022 registered by Nirmal Nagar
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.
3.
The Applicant is further directed to visit Nirmal
Nagar Police Station once in a month, i.e. Third Thursday
between 11.00 and 2.00 p.m. and to maintain the diary in
respect of the visit till filing of charge sheet.
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.
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6.
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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.
11.
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 Three
Anita
Bajranglal
Sharma
months.
Date : 12.08.2022.
Dictation Typed on
Checked & Signed on
:
:
12.08.2022.
19.08.2022.
Digitally signed by
Anita Bajranglal
Sharma
Date: 2022.08.20
14:53:41 +0530
(A. B. SHARMA)
Additional Sessions Judge
City Civil & Sessions Court
Greater Bombay.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
20.08.2022 at 3.00 pm
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 12.08.2022
JUDGMENT/ORDER signed by P.O. 19.08.2022
on
JUDGMENT/ORDER uploaded on
20.08.2022