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Cri. Bail Application No. 896 of 2022
ORDER BELOW EX. 01 IN CRIMINAL BAIL APPLICATION
NO. 896 OF 2022
{Tausif Nurumohammad Shaikh vs. The State of Maharashtra
through Ambad Police Station}
This is an application under section 438 of the Criminal
Procedure Code, 1973 for grant of anticipatory bail in crime no. 323
of 2022 registered with Ambad Police Station under sections 419,
420, 465, 467, 468, 471 read with 34 of the I. P. C.
02]
The applicants contended that false and fabricated case
is registered against him. He has just given the identification and
signed on the said document and not received any benefit from it. He
was not knowing the said complainant. The other accused were
produced before the court and bail out. Nothing has to be recovered
from him and custodial interrogation is not required. He has not
cheated the complainant. He documents are seized from the main
accused. He has deep root in the society. He is ready to abide by any
conditions imposed by the court. Hence, he has prayed for grant of
anticipatory bail.
03]
APP filed say at Ex. 04 and I. O. filed say at Ex. 05. They
have stated that the offence is of serious nature. The present accused
is the master mind of the crime. He along with other accused has
committed cheating by personation of the complainant and created
for forged identity and executed the agreement for sale and he stood
as witness to the transaction and given identity to the false lady. Also,
he received Rs. 25,000/- from the propose purchaser by bearer
cheque. His custodial interrogation is required. He will threat the
complainant and the witnesses. Hence, they have prayed for rejection
of bail.
04]
Heard the learned counsel for the accused and learned
APP. They have argued as per their stand taken as above. The counsel
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for the accused has argued that the accused is a law student and has
bright future and he is ready to deposit Rs. 25,000/- received in the
transaction. He has prayed for anticipatory bail.
05]
I have gone through the application, say, arguments,
documents and police papers Prima-facie case is made out against the
present accused. He along with the other accused in furtherance of
common intention to cheat the complainant, done cheating by
impersonating the complainant and by creating forged documents for
her identity and by identifying the false lady as complainant. He was
present in every meeting of the deal is the statement of the witnesses on
record. He received Rs. 25,000/- from the proposed purchaser. It
appears that for this wrong work, he received that amount. In the bail
application, no explanation is given by the applicant regarding the same.
So, this is the case of cheating by impersonation and creating forged
documents and that too by a young law student. So, this will not benefit
him as tomorrow how he will protect the law. Much responsibility to
abide law is on him than ordinary person. May be his custodial
interrogation is not required, but the offence is of serious nature and the
amount of Rs. 25,000/- is to be recovered from him and further
interrogation of him is necessary to know how the forged documents
were prepared. Depositing Rs. 25,000/- and granting him bail, such
practice is deprecated. May be, he has no criminal antecedent and is
young, but, looking to his role in the crime and the seriousness of the
crime and the above reasoning, he is not entitled for bail though other
accused are released on regular bail. Hence, the following order.
ORDER
Application is rejected.
RATHI
ROOPESH
RAMSWARUP
Date : 22.07.2022
Digitally signed by RATHI
ROOPESH RAMSWARUP
Date: 2022.07.25
18:39:30 +0530
(R. R. Rathi)
Additional Sessions Judge-6,
Nashik.

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Cri. Bail Application No. 835 of 2022