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Cri.B.A.No.1296/2022
Order below Exh.01 in Cri.B.A.No.1296/2022
CNR No.MHNS010054412022
(Ajahar Faruk Shaikh etc. vs. State)
The
applicant
has preferred this
application
for
anticipatory bail praying therein that they may be released on bail
in the event of arrest in connection with CR.No.I­285/2022
registered with Mumbai Naka police station for the offence
punishable under Sec.327, 141, 143, 147, 149, 504, 506, 507 of
IPC, on the basis of FIR lodged by Simran Shahrukh Shaikh.
2.

Bail application is filed on the ground that the applicants
are innocent and have been falsely implicated in the case. That the
applicants are permanent residents of Nashik. There was no
financial transaction in between applicants and informant. The
person acquainted with applicants, have taken money from
informant who was not giving money back and hence, informant
was demanding money from applicants. On 12.10.2022, informant
called applicants, demanded money, abused them and their family
members, hence wife of applicant No.2 lodged N.C.No. 830/2022 to
Mumbai Naka police station on 13.10.2022. There is delay in
lodging FIR. On 13.10.2022, informant and others came to the
house of applicant no.2, abused his wife and family members,
snatched Samsung company mobile, golden chain and taken out
Rs.25,000/­, hence, wife of applicant No.2 lodged Fir to Bhadrakali
police station bearing CR No. 304/2022. There are no criminal
antecedents against them. Nothing is to be recovered or discovered
at the instance of applicants. They will not tamper with prosecution
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Cri.B.A.No.1296/2022
evidence. They will co­operate investigating machinery. They are
ready to abide by terms and conditions imposed by the Court. On
these main grounds and others have prayed for bail.

3.

Notice was issued to State. State appeared through Ld.

APP Mr. Kapse and filed say resisting for grant of application on the
grounds that offence is serious one. CCTV footage is seized. Cash
amount is to be seized. Co­accused are to be arrested. If released on
bail, the accused will pressurize witnesses and they will commit
serious offence. On these main grounds and others have prayed for
rejection of the bail application.
4.

Heard
Ld.

Advocate
Mr.R.D.Avhad
for
applicant.

Perused bail application. Heard Ld. APP Smt.Sulabha Sangle
assisted by Ld. Adv. Mr.Zeeshan Siddique who has filed his written
objection [Exh.10]. Perused police papers and say filed by Mumbai
Naka police station.

5.

On perusal of FIR as well as case papers, it is apparent
that the allegations of assault on the informant, taking away mobile
phone and amount of Rs.7500/­ are on unknown ladies. The only
criminal act assigned to Shahrukh is catching hold of shirt of
informant’s husband, which also is not seized.
6.

The record shows that mobile forcibly taken by
unknown person was found with one rickshaw driver whose
statement is recorded that he found on the road. Initially, N.C. was
lodged by the informant on 12.10.2022 wherein it is alleged that
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Cri.B.A.No.1296/2022
both the applicants charged upon the informant, abused them and
even assaulted her. There are no allegations of taking away of
mobile or cash amount at the first instance in the N.C.
7.

Record also shows that informant was referred to Civil
hospital for examining her, however, she did not approach the Civil
hospital or any private hospital.
8.

Considering above discussion, discretion in favour of the
applicants can be exercised more­so­when, wife of applicant no.2
has also lodged FIR against informant and her family members for
assaulting her and taking away mobile. The purpose of Investigating
officer for proper investigation can be served by putting applicants
to attendance with him till filing of the charge­sheet. Custodial
interrogation of the applicants is not at all necessary. They are
permanent residents of Nashik. There are no criminal antecedents
against them. Hence, following order is passed :
ORDER
(1). Application is allowed.
(2). In the event of arrest of Ajahar Faruk Shaikh [applicant no.1]
and Shahrukh Faruk Shaikh [applicant no.2] in connection with
CR.No.I­285/2022 registered with Mumbai Naka police station for
the offence punishable under Sec.327, 141, 143, 147, 149, 504,
506, 507 of IPC, on the basis of FIR lodged by Simran Shahrukh
Shaikh the above named applicants be released on bail, on
furnishing a PR and SB of Rs. 15,000/­ ( Rupees Fifteen Thousand
only), each with one surety of like amount on following conditions.

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Cri.B.A.No.1296/2022
(a). They shall attend concern Police Station on every Monday
between 11.00 a.m. to 1.00 p.m. till filing of the charge sheet.
(b). They 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 to any police officer.
(c). Violation of any of the above mentioned condition, would
result in cancellation of bail.
(3). Inform concerned police station accordingly.
VARDHAN
PRATAPRAO
DESAI
Nashik.
Date : 18.11.2022
Digitally signed by
VARDHAN
PRATAPRAO DESAI
Date: 2022.11.18
17:25:01 +0530
( V. P. Desai)
Additional Sessions Judge,
Nashik.