Mumbai, Maharashtra – May 26, 2022 – Faiz Afasar Khan, accused of robbing his fiancée, has been granted bail by the Sessions Court for Greater Bombay. Additional Sessions Judge U.M. Padwad (Court Room No. 30) allowed Bail Application No. 1183 of 2022, related to C.R. No. 765/2022 registered with Bandra Police Station.

Khan, a 25-year-old, was arrested and charged under Section 392 (robbery) of the Indian Penal Code (IPC).

Case Background:

The complainant, Khan’s fiancée, alleged that on May 9, 2022, at approximately 5:30 PM, Khan assaulted her, suspecting her of infidelity. During the altercation, he allegedly slapped her and snatched her mobile phone, stating that it contained evidence of their relationship and he would not return it. Fearing his aggression, she fled and reported the incident to the Bandra Police Station. Khan was subsequently arrested, and the mobile phone was recovered.

Arguments and Court’s Reasoning:

Khan’s counsel, Adv. S.P. Kapse, argued that the material investigation was complete, Khan had been in custody since May 10, 2022, and there was no justification for his continued detention. He also emphasized that Khan was young and had no prior criminal record.

The prosecution, represented by APP Veena Shelar, expressed concern that Khan might pressure the complainant.

The court, after reviewing the application, reply, and record, noted that “All the material investigation is already over. The accused is in custody since 10/5/2022. There appears absolutely no ground to justify further detention of the accused who is quite young and has no criminal antecedents.”

Acknowledging the prosecution’s apprehension, the court decided to impose conditions to mitigate the risk of witness tampering. “In view of the apprehension of the prosecution that he may pressurize the informant certain conditions can be imposed,” Judge Padwad stated.

Bail Conditions:

Judge Padwad granted bail to Faiz Afasar Khan on the following conditions:

• Execution of a personal bond (PB) and surety bond (SB) of ₹15,000.
• Attendance at Bandra Police Station as and when called by the Investigating Officer until the filing of the charge sheet.
• Prohibition from contacting the complainant in any manner, either directly or indirectly, regarding the case until further orders.
• Prohibition from tampering with prosecution witnesses and evidence.
• Permission for provisional cash bail of ₹15,000.
• Requirement to furnish surety within four weeks from the date of release, failing which the cash bail would be forfeited.
• Bail to be processed before the learned trial Court.

The certified copy of the judgment was issued on May 26, 2022. This decision highlights the court’s consideration of the completion of the investigation, the lack of criminal antecedents, and the imposition of conditions to address the prosecution’s concerns regarding witness intimidation.