Daily Nond No.

/2019

Cri. Bail Application. No. /2019

IN THE HON’BLE COURT OF DISTRICT AND

SESSION JUDGE, SANGLI AT SANGLI…

Shri. Javed Rashid Dabir

Age: 32 yrs., Occ: Driver ... Applicant

R/o.Budhwar peth, Miraj

Tal. Miraj, Dist. Sangli

.
Versus

State Of Maharashtra … Respondent

Application for Grant of Anticipatory Bail

U/sec. 438 of Criminal Procedure Code,1973
U/sec. 363,366.366A, 376/2/I, 376/2/N and 34 of
I.P.C. and U/Sec 4, 8, 12 of Protection of
Children from Sexual Offences Act in
consonance with Cr. No. 157/2019 registerted
at Miraj City police Station.

The Applicants most humbly submits to the Hon’ble Court as

under that:-

1) That a non bailable offence U/sec. 363,366.366A, 376/2/I, 376/2/N

and 34 of I.P.C. and U/Sec 4, 8, 12 of Protection of Children from Sexual
Offences Act in consonance with Cr. No. 157/2019 is registered at Miraj
City police Station in pursuance of the complaint filed by the complainant
Sou Ramija Rafok Kazi.
2) The Brief facts of the case are as under-

It is alleged that daughter of informant is going to stitching class at

laxmi Market, Miraj for last 5-6 days after competing her H.S.C.
examination. It is further stated that on 22/03/2019 her daughter went to
Stitching class at about 2'o clock but didn't returned. It is further alleged
that informant enquired about her towards her friends and relatives but
nobody informed about her. It is further alleged in the F.I.R. that one Zian
Shaikh informed her that his friend i.e. accused no. 1 and her daughter has
married with each other. Thereafter they enquired at accused no. 1's house
where his mother and uncle admitted about the said fact of marriage.

Thereafter on 23/03./2019 informant lodged the complaint at Miraj

City Police station. Accordingly on 23/03/2019 initially F.I.R is lodged
under section 363 of I.P.C. and on 24/03/2019 accused no. 1 is arrested
with added sections 366.366A, 376/2/I, 376/2/N and 34 of I.P.C. and
U/Sec 4, 8, 12 of Protection of Children from Sexual Offences Act.

Further during investigation accused no. 2 is arrested and during his

introgation name of this applicant is disclosed that while solemzing
marriage between vitim and accused no. 1 he along with two other co
acussed was present there and there by his name was added in the F.I.R.

This Applicant is no way concerned with the above mentioned

Accused and the incidence but Police officials are often visiting at the
residence of this Applicant and threatening him that they are going to arrest
the Applicant in connection with the Cr. No. 157/2019 registered at Miraj
City police Station. Hence there is apprehension of arrest at the hands of the
police official in Miraj City Police Station Cr. No. 157/2019.

Hence the present Applicant has constrained to file this application

on following amongst other grounds that will be argued at the final hearing
of this application.

1. That the Applicant is innocent and has falsely been implicated

in this case just to harass him and the Applicant had committed no offence
as alleged in the F.I.R.
2. That F.I.R does not discloses as to exact involvement of this
applicant, describing involvement to correspond to the ingredients of
Sections 363, 366.366A, 376/2/I, 376/2/N and 34 of I.P.C. and U/Sec 4, 8,
12 of Protection of Children from Sexual Offences Act as alleged against
the applicant.

3. No where either in the FIR or in remand reports dated

25/03/2019, 01/04/2019 and 03/04/2019 name of this Applicant is
mentioned. In fact on perusal of the Remand Report it reveals that all the
concerned accused were already arrested who were involved in the alleged
accusation.

4. That no where it is alleged that the present Applicant is present

or witnessed the marriage solemnized on 21/03/2018. Therefore allegations
in the F.I.R. and remand report are not sustainable against this Applicant.

5. That ingredient of offence leveled in the FIR does not make

out against this Applicant. Applicant cannot be said to be even remotely
connected with the offence.

6. That the fact that this Applicant has sign over the Nikahnama
is not sufficient to involve this Applicant in the present case as there is no
overt act on the part of this Applicant. .

7. That on perusal of FIR and Remand Report dated 25/03/2019,

01/04/2019 and 03/04/2019 no specific accusation is made against the
present Applicant. Hence prima facie an inference cannot be drawn that this
applicant is involved in the commission of offence.

8. That this applicant is driver and accused applicant is hired the

vehicle on which he is working as driver. Besides this there is no any sort
of role or overt act on the part of this applicant.

9. That to constitute an offence under section 363, 366.366A,

376/2/I, 376/2/N and 34 of I.P.C. and U/Sec 4, 8, 12 of Protection of
Children from Sexual Offences Act it also requires an active act or direct
act towards accusation.
10. That it is not the case of informant as against the present
applicant that victim is forced or seduced to illicit intercourse and in
absence of those allegation no case is made out.

11. That the FIR and Remand Reports nowhere mentions the role
of Applicant and police implicating this Applicant falsely, merely to harass
this Applicant.

12. That as far nature of the offence is concerned nothing is there

to be recovered from this Applicant and hence there is no necessity of
custodial interrogation of this Applicant at the hands of Police

13. The applicant is the law abiding citizen there are no criminal
antecedents against the applicant. The Applicant is unnecessarily involved
under this offence which are false one and the allegations made against him
are false and he have been implicate falsely by the police.
.

14. That the Applicant is ready and willing to obey and abide himself
with any or all condition which this Hon’ble Court may consider proper to
impose upon him while allowing this anticipatory bail application.

15. That the Applicant undertakes not to leave the territorial

Jurisdiction of this Hon’ble Court without its prior permission.

16. That reputation of the Applicant will be totally lost and he will
be looked down upon by the society at large. Hence this application is
being moved for grant of anticipatory bail.

17. The Applicant undertakes that he will not disturb or indulge

in any untoward act of tampering with the prosecution evidence as such.

18. This is the 1st bail application of the accused applicant and he
has not filed any bail application in other Court of law.
18. Therefore the accused applicant pray's that,

a) This application may kindly be allowed and in the event of

arrest of accused applicant in connection with Crime Reg. No.
157/2019 U/sec Sections 363, 366.366A, 376/2/I, 376/2/N and 34 of
I.P.C. and U/Sec 4, 8, 12 of Protection of Children from Sexual
Offences Act by Miraj City Police station this Hon'ble court may
pass order to release the accused applicant on bail.

b) Any other just and equitable order may be passed in favour of

accused applicant.

Most respectfully submitted.

Sangli

Date: 1.------------------------

(Advocate for Applicants)

 Cri. Bail. App. No. /2019

IN THE HON’BLE DISTRICT AND SESSION

JUDGE SANGLI, AT SANGLI..

Shri. Javed Rashid Dabir … Applicant

V/s

State of Maharashtra ..… Opponent

AFFIDAVIT
Herein I, Shri. Serab Abdulmunaf Mushrif, Age: 33 yrs. Occ.:
Advocate, R/o. Mali Galli, Dargah Chowk, Miraj do hereby states on
solemn affirmation as under that,
As per the information and instruction received from our client that
no other bail application is pending in other Court or filed in any other
Court, other than the present bail application and these accused Applicants
were not arrested in any other offence.
The contents of above affidavit are true and correct as per best of my
knowledge and belief.
Hence the affidavit.

Sangli
Dated:

VERIFICATION
I, Shri. Serab Abdulmunaf Mushrif, Age: 31 yrs. Occ.: Advocate,
R/o. Mali Galli, Dargah Chowk, do hereby states solemn affirmation as
under that the contents of above affidavit are true and correct as per best of
my knowledge and belief.
Hence the verification.

Sangli
Dated:
 List Of Documents

Cri. Bail. App. No. /2018

IN THE HON’BLE DISTRICT AND SESSION

JUDGE SANGLI, AT SANGLI..
Shri. Javed Rashid Dabir … Applicant

V/s

State of Maharashtra ..… Opponent

The following documents have been filed on behalf of the Accused

Applicant.

No. Description of The Document Date Remark

1. Certified copy of F.I.R. in Miraj Certified
City Police staion Cr.No. 157/2019
2. Certified copy of Remand Report in Certified
Miraj City Police Station Cr.No.
157/2019
3. Certified copy of Remand Report . in Certified
Miraj City Police Station Cr.No.
157/2019
4.

Total Documents filed : 3

Sangli
Dated: Advocate
 Cri. Bail. App. No. /2019

IN THE HON’BLE DISTRICT AND SESSION

JUDGE SANGLI, AT SANGLI..
Shri. Javed Rashid Dabir … Applicant

V/s

State of Maharashtra ..… Opponent

Application for interim

anticipatory Bail.

1. That a non bailable offence U/sec. 363,366.366A, 376/2/I, 376/2/N

and 34 of I.P.C. and U/Sec 4, 8, 12 of Protection of Children from Sexual
Offences Act in consonance with Cr. No. 157/2019 is registered at Miraj
City police Station in pursuance of the complaint filed by the complainant
Sou Ramija Rafok Kazi.

2. That the Applicant is innocent and has falsely been implicated

in this case just to harass him and the Applicant had committed no offence
as alleged in the F.I.R.

3. That F.I.R does not discloses as to exact involvement of this

applicant, describing involvement to correspond to the ingredients of
Sections 363, 366.366A, 376/2/I, 376/2/N and 34 of I.P.C. and U/Sec 4, 8,
12 of Protection of Children from Sexual Offences Act as alleged against
the applicant.

4. No where either in the FIR or in remand reports dated

25/03/2019, 01/04/2019 and 03/04/2019 name of this Applicant is
mentioned. In fact on perusal of the Remand Report it reveals that all the
concerned accused were already arrested who were involved in the alleged
accusation.
5. That no where it is alleged that the present Applicant is present
or witnessed the marriage solemnized on 21/03/2018. Therefore allegations
in the FIR and remand report are not sustainable against this Applicant.

6. That ingredient of offence leveled in the FIR does not make

out against this Applicant. Applicant cannot be said to be even remotely
connected with the offence.

7. That the fact that this Applicant has sign over the Nikahnama
is not sufficient to involve this Applicant in the present case as there is no
overt act on the part of this Applicant. .

8. That on perusal of FIR and Remand Report dated 25/03/2019,

01/04/2019 and 03/04/2019 no specific accusation is made against the
present Applicant. Hence prima facie an inference cannot be drawn that the
this applicant is involved in the commission of offence.

9. That to constitute an offence under section 363, 366.366A,

376/2/I, 376/2/N and 34 of I.P.C. and U/Sec 4, 8, 12 of Protection of
Children from Sexual Offences Act it also requires an active act or direct
act towards accusation.

10. That it is not the case of informant as against the present

applicant that victim is forced or seduced to illicit intercourse and in
absence of those allegation no case is made out.

11. That the FIR and Remand Reports nowhere mentions the role
of Applicant and police implicating this Applicant falsely, merely to harass
this Applicant.

12. That as far nature of the offence is concerned nothing is there

to be recovered from this Applicant and hence there is no necessity of
custodial interrogation of this Applicant at the hands of Police
.
13. The applicant is the law abiding citizen there are no criminal
antecedents against the applicant. The Applicant is unnecessarily involved
under this offence which is false one and the allegations made against him
are false and he have been implicate falsely by the police.

14. That the Applicant is ready and willing to obey and abide
himself with any or all condition which this Hon’ble Court may consider
proper to impose upon him while allowing this anticipatory bail application.

15. That the main application will take its own time to reach a
final hearing. However the applicant apprehends that the Police may arrest
him any time so as to frustrate the very purpose of the main application
Therefore it is humbly prayed that an interim relief of anticipatory
bail may kindly be granted to the applicant on such terms & conditions as
the Hon'ble Court may deem fit in the circumstances of the case.

And for this act of kindness & justice the applicant as is duty bond
shall even pray

Sangli

Date: 1.------------------------
 Affidavit

Cri. Bail. App. No. /2019

IN THE HON’BLE DISTRICT AND SESSION

JUDGE SANGLI, AT SANGLI..
Shri. Javed Rashid Dabir … Applicant

V/s

State of Maharashtra ..… Opponent

That Shri. Javed Rashid Dabir, Age: 32 yrs., Occ: Driver, R/o.
Budhwar peth, Miraj, Tal. Miraj, Dist. Sangli states on solemn affirmation
that

1. That a non bailable offence U/sec. 363,366.366A, 376/2/I, 376/2/N

and 34 of I.P.C. and U/Sec 4, 8, 12 of Protection of Children from Sexual
Offences Act in consonance with Cr. No. 157/2019 is registered at Miraj
City police Station in pursuance of the complaint filed by the complainant
Sou Ramija Rafok Kazi.

13. That the Applicant is innocent and has falsely been implicated
in this case just to harass him and the Applicant had committed no offence
as alleged in the F.I.R.

14. That F.I.R does not discloses as to exact involvement of this

applicant, describing involvement to correspond to the ingredients of
Sections 363, 366.366A, 376/2/I, 376/2/N and 34 of I.P.C. and U/Sec 4, 8,
12 of Protection of Children from Sexual Offences Act as alleged against
the applicant.

15. No where either in the FIR or in remand reports dated

25/03/2019, 01/04/2019 and 03/04/2019 name of this Applicant is
mentioned. In fact on perusal of the Remand Report it reveals that all the
concerned accused were already arrested who were involved in the alleged
accusation.
16. That no where it is alleged that the present Applicant is present
or witnessed the marriage solemnized on 21/03/2018. Therefore allegations
in the FIR and remand report are not sustainable against this Applicant.

17. That ingredient of offence leveled in the FIR does not make
out against this Applicant. Applicant cannot be said to be even remotely
connected with the offence.

18. That the fact that this Applicant has sign over the Nikahnama
is not sufficient to involve this Applicant in the present case as there is no
overt act on the part of this Applicant. .

19. That on perusal of FIR and Remand Report dated 25/03/2019,

01/04/2019 and 03/04/2019 no specific accusation is made against the
present Applicant. Hence prima facie an inference cannot be drawn that the
this applicant is involved in the commission of offence.

20. That to constitute an offence under section 363, 366.366A,

376/2/I, 376/2/N and 34 of I.P.C. and U/Sec 4, 8, 12 of Protection of
Children from Sexual Offences Act it also requires an active act or direct
act towards accusation.

21. That it is not the case of informant as against the present

applicant that victim is forced or seduced to illicit intercourse and in
absence of those allegation no case is made out.

22. That the FIR and Remand Reports nowhere mentions the role
of Applicant and police implicating this Applicant falsely, merely to harass
this Applicant.

23. That as far nature of the offence is concerned nothing is there

to be recovered from this Applicant and hence there is no necessity of
custodial interrogation of this Applicant at the hands of Police
.
13. The applicant is the law abiding citizen there are no criminal
antecedents against the applicant. The Applicant is unnecessarily involved
under this offence which is false one and the allegations made against him
are false and he have been implicate falsely by the police.

16. That the Applicant is ready and willing to obey and abide
himself with any or all condition which this Hon’ble Court may consider
proper to impose upon him while allowing this anticipatory bail application.

17. That the main application will take its own time to reach a
final hearing. However the applicant apprehends that the Police may arrest
him any time so as to frustrate the very purpose of the main application
Therefore it is humbly prayed that an interim relief of anticipatory
bail may kindly be granted to the applicant on such terms & conditions as
the Hon'ble Court may deem fit in the circumstances of the case.

That all the aove contents are true and correct to the best of my
knoweldge. Hence the affidavit.

Sangli

Date: 1.------------------------

Verification

That Shri. Javed Rashid Dabir, Age: 32 yrs., Occ: Driver, R/o.
Budhwar Peth, Miraj, Tal. Miraj, Dist. Sangli states on solemn affirmation
that all the aove contents are true and correct to the best of my
knoweldge. Hence the verification.

Sangli

Date: 1.------------------------