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hamidansari9909
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:1:

MHCC020138502023

IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI


ANTICIPATORY BAIL APPLICATION NO. 1997 OF 2023

Mohammad Shahid Ansari


Age : 23 years,
R/at : Kamla Raman Nagar,
Near Mohmadiya Masjid,
Baiganwadi, Govandi,
Mumbai 400 043. ...Applicant/accused
Vs.
The State of Maharashtra
(Through Deonar Police Station,
Mumbai) ...Respondent

Appearance :-
Mr. Kamil Sayyed Ld. Advocate for the Applicant.
Mr. J. N. Surywanshi, Ld. APP for the Respondent/State.

CORAM : H. H. THE ADDL. SESSIONS JUDGE,


SHRI A.A. KULKARNI (C.R. NO.22)
DATED : 27th September, 2023

(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application under Section 438 of Cr. P.C. for
anticipatory bail. Heard Ld. Advocate for applicant and Ld. APP for the
State. Perused the application, say and documents on record.
2. Ld. Advocate for the applicant submitted that on the basis
of information of informant Isak Shami Mohammad Shaikh, Deonor
Police Station, Mumbai registered C.R. No.450/2023 for the offence
:2:

punishable u/s 365,326,323,504,143,147,148,149 of IPC against Hamid


Ansari and other four persons. It is further contention that applicant is
shown as accused and therefore applicant is having apprehension of his
arrest. It is further contention that applicant is falsely implicated in this
case. There are no allegations of any assault by applicant. Allegations
against applicant are vague. Applicant is permanent resident of
Mumbai. Applicant is ready to co-operate with police for further
investigation. If he is arrest, he will suffer unnecessary harassment.
Hence, prayed for grant of bail in the event of his arrest.

3. Ld. APP and investigating officer opposed application. It is


their contention that other two accused involved in this case are yet to
be arrested. If, applicant is released on anticipatory bail there is
possibility of tempering of evidence of prosecution. Ld. Trial Court has
rejected bail of two accused. If applicant is released on bail, he will
abscond. Hence, prayed for rejection of application.

4. In view of submissions from both sides and on perusal of


the allegations in FIR, informant alleged that incident occurred on
07.09.2023 when he was present at the shop of Babulal Puncture waala
at Bainganwadi. At that time one Honda City Car bearing No. MH-06-
AF-6399 came on the spot and given dash to Auto Rickshaw of Ayub.
When he asked car driver to drive properly on that account dispute
started. When informant tried to intervener in quarrel, at that time
present applicant forcefully taken informant alongwith them towards
dumping ground and persons present with applicant assaulted
informant. In view of such allegations prima facie no offence is made
out under Section 326 of IPC. Other alleged offences are bailable. In
such circumstances there was no allegations assaulted by applicant.
:3:

Hence, nothing is to be seized at the instance of applicant. Therefore,


there is no need of custodial interrogation of applicant. For the purpose
of investigation applicant may be directed to appear before
investigating officer. With such conditions in the event of his arrest
applicant may be released on bail. Hence, I pass following order :-
ORDER
1. Anticipatory Bail Application No.1997 of 2023 is allowed.
2. In the event of arrest in C.R. No.450/2023 registered with
Deonar Police station, Mumbai, the applicant Mohammad Shahid
Ansari be released on bail on execution of P.R. bond of
Rs.25,000/- with one or two sureties in the like amount on
following conditions :-
a) Applicant/accused are directed to appear before police as
and when required of further investigation till filing of the
charge-sheet.
b) Applicant shall not directly or indirectly, make any
inducement, threat or promise to any person acquainted
with the facts of the case so as to dissuade him from
disclosing such facts to the Court or to any Police Officer.
c) Applicant shall not leave India without previous permission
of the Court.
3. Anticipatory Bail Application No.1997 of 2023 is disposed of
Digitally
accordingly. signed by
AJAY ANIL
KULKARNI
Date:
2023.09.29
18:00:20
+0530

(A. A. Kulkarni)
Additional Sessions Judge,
Date : 27.09.2023 Sessions Court,
Gr. Bombay (C.R.No.22)

Dictated on : 29.09.2023
Transcribed on : 29.09.2023
HHJ signed on : 29.09.2023
:4:

“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL


SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Stenographer
29.09.2023 5.30 p.m. Manasi M. Kadam
Name of the Judge (With Court HHJ SHRI. A.A. KULKARNI (CR 22)
Room No.)
Date of Pronouncement of 27.09.2023
JUDGMENT /ORDER
JUDGMENT /ORDER signed by 29.09.2023
P.O. on
JUDGMENT /ORDER uploaded 29.09.2023
on

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