MHNS010056492022
Order below Exh.1 in Criminal Bail
Application No. 1354/2022
1.

This is an application preferred by applicant Arifa Gayas Tadvi
for bail under section 439 of Cr.P.C. in C.R. No. I­157/2022 registered in
Indira Nagar Police Station, Nashik for the offence punishable under
section 328, 389, 392, 419, 420 r/w section 34 of the Indian Penal Code.
2.

It is submitted by the accused that she has been falsely
implicated. There is delay of 14 hours in lodging the FIR. On verification
of the FIR it reflects that involvement is of Imran Inamdar and one young
girl.

There is no role attributed to the present accused nor the
complainant states that present accused has instigated the complainant to
do the act. Accused is 43 years old and she has 15 year old daughter.
Merely because she is known to accused no. 1 she has been implicated in
the present crime.
complaint.

The name of the accused is not reflected in the
Nothing has to be recovered or discovered from her.

No
purpose will be served in detaining the accused behind bar. Hence, prayed
that application be granted.
3.

Say was called of the investigating officer. He has objected
this application on the count that, offence is serious in nature. She has
not cooperated with the investigation. If accused is released on bail she
will tamper the evidence. Hence, prayed that application be rejected.
4.

Heard Ld. APP and Ld. Advocate for accused in detail. It is
submitted by the Advocate for the accused that accused has no role to
play. On perusing the FIR Inamdar and the young girl is involved in
extracting the amount from the complainant. There is delay of 14 days in
lodging the complaint.

Nothing has been recovered from the present
accused. She has been falsely implicated. Hence, prayed that bail be
granted. On the other hand it is submitted by the Ld. APP that with the
help of this accused complainant was threatened and money was
extracting from the complainant. Accused has major role to play if she is
released on bail she will help abscond co­accused. Hence, prayed that bail
be rejected.
5.

On perusing the FIR it is seen that complainant was taken by
Imran Inamdar to Trimbak for purchasing second hand car. At that time
they stop at Sandip Foundation for eating and Imran got one half filled
water. Imran told him to drink water and he took the vehicle ahead at
that time he felt dizzy. When he gains consciousness he saw that his pant
has been pulled to his knee and the unknown girl was sitting next to him.
Two boys came on two­wheeler out of which one pretended to her brother
at the same time three womens came in one rickshaw who came near the
car and they sat near the girl who was sitting and asked her “what
happened, whether she was kidnapped and whether he has done anything
with her” and they threatened that he has forcibly done some act with the
girl. They also threaten that they will take him to the police station and
thus extracted money from complainant.
6.

From the above contents it appears that present applicant
along with other two ladies came to the spot and started inquiring with
the girl whether complainant has done any untoward act.

Accused is
charged for the offence u/s. 328, 389, 392, 419, 420 r/w section 34 of the
Indian Penal Code. It is clear that the present accused has not
administered the intoxicating material to the complainant. Offence u/s.
389 of IPC is bailable offence. Investigation is completed. Nothing has to
be recovered from the present accused. Trial will take time. Accused is
resident of Nashik.

Apprehension of the I.O. can be taken care by
imposing stringent conditions. Hence, I proceed to pass following order :­
ORDER
1.

The application is allowed.

2.

The applicant/accused Arifa Gayas Tadvi involved in C.R.No. I­
157/2022 registered in Indira Nagar Police Station, Nashik for the
offence punishable under section 328, 389, 392, 419, 420 r/w section
34 of the Indian Penal Code, be released on bail on her executing P.B.

and S.B. of Rs.30,000/­ (Rupees Thirty Thousand Only) with one or
two sureties of like amount.
3.

The accused shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the fact
of the case so as to dissuade him from disclosing such fact to the
Court or Police Officer.
4.

The accused shall mark her presence in Indira Nagar Police
Station on every Monday and Friday from 11.00 a.m. to 1.00 p.m. till
filing of the charge­sheet and to co­operate investigating Officer.
5.

The accused shall not commit similar type of offence.

6.

The accused shall furnish her address proof, photo identity and
mobile number of self and her two close relatives. In case of change
of address she shall inform the I.O. about the same.
7.

In case of breach of the conditions, the respondent is at liberty
to apply for cancellation of bail.
8.

Bail before trial Court.

Nashik.
Date : 07/11/2022.

Sd/­xxx
(V.S.Malkalpatte­Reddy)
Additional Sessions Judge,
Nashik.