IN THE COURT OF SESSIONS AT DINDOSHI (BORIVALI DIVISION), GOREGAON, MUMBAI ANTICIPATORY BAIL APPLICATION NO.2032 OF 2022 IN C.R. NO.1036/2022 (POLICE STATION, GOREGAON)
1.Anwar Rehmatullah Shaikh, )
Age: 22 yrs., Occ: Unemployed )
R/at: Gulmohar Soc., ) Milind Nagar, JV Link Road, Mumbai 400072. )
2.Sarfaraz Khan,)
Age: 21 years, Occ: Student, )
R/at: Room No.57, Sanjay Nagar, Sunderbaug )
Lane, Kamani, Mumbai – 400 070. ) ..Applicants
Vs.
The State of Maharashtra )
(At the instance of Goregaon Police Station) ) ..Respondent
And
IN THE COURT OF SESSIONS AT DINDOSHI (BORIVALI DIVISION), GOREGAON, MUMBAI ANTICIPATORY BAIL APPLICATION NO.2033 OF 2022 IN C.R. NO.1036/2022 (POLICE STATION, GOREGAON)
1.Pooja Ashok Mayur, )
Age: 27 yrs., Occ: Employed, )
R/at: Dr. Ambedkar Nagar, )
Mata Shitaladevi Wadi, Vile Parle East, )
Mumbai – 400099.
2Aarti Ashok Mayur, )
Sarfaraz Khan, )
Age: 28 yrs., Occ: Selfemployed, )
R/at: Dr. Ambedkar Nagar, )
Mata Shitaladevi Wadi, Vile Parle East, )
Mumbai – 400099.)
3.Udaylaxmi Gopal Nadimeti )
Age: 24 years, Occ: Self employed )
R/at: Bansilal Lane No.3, Koldongri, )
Sahar Road, Andheri (East), )
Mumbai – 400 069. ) ..Applicants
Vs.
The State of Maharashtra )
(At the instance of Goregaon Police Station) ) ..Respondent
Adv. Mr. Kiran Varma for the applicants in ABA No.2032/2022.
Adv. Ms. Sakshi Mane for the applicants in ABA No.2033/2022.
APP Mr. Shailesh Pachapohar for the State.
Coram : His Honour Addl. Sessions Judge, Ashish Ayachit (C.R.No.8) Date : 20th January, 2023.
COMMON ORDER
These are the anticipatory bail applications under section 438 of Cr.P.C. arising out of Crime No.1036/2022 registered in Goregaon Police Station, for the offence punishable under Sections 352, 354, 323, 324, 427, 143, 147 r/w Section 149 of I.P.C.
2.Perused the applications and say of Investigation Officer.
3.Heard Adv. Mr. Kiran Varma for the applicants in A.B.A. No.2032/2022, Adv. Ms.Sakshi Mane for the applicants in A.B.A. No.2033/2022 and APP Mr. Shailesh Pachapohar for the State. ABA Nos.2032/22 & 2033/22 3 Common Order 4. I have gone through FIR and the reason for opposing anticipatory bail applications. Having gone through the same, I am of the considered opinion that the custodial interrogation of the present applicants is not warranted. Their names have not been disclosed in the FIR. In such circumstances, they are entitled for bail, in the event of their arrest. I, therefore, pass the following order ORDER
1.Anticipatory Bail Application Nos.2032/2022 and 2033/2022 are allowed.
2.Applicant No.1 Anwar Rehmatullah Shaikh and applicant No.2 Sarfaraz Khan (in ABA No.2032/2022) and applicant No.1 Pooja Ashok Mayur, applicant No.2 Aarti Ashok Mayur and applicant No.3 Udaylaxmi Gopal Nadimeti (in ABA No.2033/2022) be released on anticipatory bail on executing personal bond in the sum of Rs.15,000/ (Fifteen Thousand Rupees Only) each with one or two sureties in the like amount, in the event of their arrest in Crime No.1036/2022 registered with Goregaon Police Station for the offence punishable under Sections 452, 354, 323, 324, 504, 427, 143, 147 and 149 of I.P.C., on the following conditions:
(i) They shall attend police station as and when called by the Investigation Officer, by advance written notice, till filing of chargesheet.
(ii) They shall cooperate with the Investigation Officer.
(iii) They shall not tamper with the prosecution evidence.
(iv) They shall furnish their residential address proof to the Investigation Officer.
(v) They shall not involve in similar type of offence in future.
3.The Investigation Officer is directed to acknowledge the presence of the applicants.
4.Inform the concerned Police Station, accordingly.
5.Anticipatory Bail Application Nos.2032/2022 and 2033/2022 stand disposed off, accordingly.
Digitally signed by ASHISH ARVIND AYACHIT Date: 2023.01.21 17:35:53 +0530 Date: 20.01.2023 (Ashish Ayachit) Additional Sessions Judge, City Civil & Sessions Court, Borivali Division, Dindoshi Dictated by HHJ on : 20.01.2023 Transcribed on : 20.01.2023 Signed by HHJ on : 20.01.2023 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” UPLOAD DATE ATUL SURYAKANT BHOGTE AND TIME : 21.01.2023 5.25 P.M. NAME OF STENOGRAPHER Name of the Judge (with Court Room No.) HHJ Shri Ashish Ayachit (Court Room No.8) Date of Pronouncement of Judgment/Order 20.01.2023 Judgment/Order signed by P.O. on 20.01.2023 Judgment/Order uploaded on 21.01.2023