IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELATE JURISDICTION

IN
ANTICIPATORY BAIL APPLICATION NO. OF 2022
DISTRICT: THANE

IN THE MATTER OF AN
ANTICIPATORY BAIL APPLICATION
IN HON’BLE HIGH COURT U / S. 438
OF CR. P. C. IN CONNECTION WITH
MANPADA POLICE STATION IN THE
MATTER OF C. R. No. I-0085 OF 2022
U/S. 18 (C) OF DRUGS AND
COSMETICS ACT 1940, ALONG WITH
276, 336 420 R/w 34 OF THE I.P.C.
WITH THE MANPADA POLICE
STATION, KALYAN;

AND

IN THE MATTER OF IMPUNED

ORDER PASSED BY LEARNED
ADDITIOINAL SESSION JUDGE,
KALYAN, MUMBAI ON 28/08/2022 IN
ANTICIPATORY BAIL APPLICATION
1136 OF 2022.
MR. ISTEYAQ AHMAD AZAD ALI ANSARI )

AGE: Occ: Medical Representative )

Having place of resident at C/505, Satellite )

Garden Phase -2, D-3 Film City Road, )

Gen. A.K. Vaidya Marg, Goregaon(East), )

Mumbai- 400063 )

VERUS

THE STATE OF MAHARASHTRA )

(MANPADA POLICE STATION) )

KALYAN to be served through the office )

Of Ld. Public Prosecutor, )

High Court, Bombay) )…Respondent/

…Complainant

TO,
THE HONORABLE CHIEF JUSTICE AND THE
OTHER HONORABLE COMPANION JUDGES OF
THE HONORABLE HIGH COURT OF JUDICATURE
AT BOMBAY.

THE HUMBLE APPLICATION OF

THE APPLICANT ABOVENAMED
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MOST RESPECTIFULLY SHEWETH:

1) The Applicant is adult Indian inhabitants of Mumbai and have is

respective addresses as mentioned in the cause title. The Respondent

is the State of Maharashtra (through MANPADA Police Station).

The Applicant is a highly respectable and law abiding citizen of

India and have a great root in the society and earns his livelihood by

lawful means by working as medical representative and have a very

good work record. The Applicant resides with senior citizen father

and mother at the address mentioned in the cause title.

2) The Applicant is allegedly assigned as Accused in CR. No. I-0085

/2022 registered by MANPADA Police Station for the offences

punishable under section 420, 336 276 r/w 34 of the Indian Penal

Code. The Present Application is filed under section 438 of the Code

of Criminal Procedure before this Hon’ble Court with the prayer

that this Hon’ ble Court may be pleased to exercised its jurisdiction

under section 438 of Cr. P. C. and this Hon’ble court may be pleased

to release the Applicant above named on Bail on any suitable terms

and conditions, as this Hon’ble Court may deem fit and proper in

the event of his arrest in connection with the MANPADA Police

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Station pertaining to C. R. No. I-0085 /2022 registered under Section

420, 336 276 r/w 34 of Indian Penal Code.

3) The brief facts of the prosecution case as revels from F.I.R. are as

under:

4) The prosecution case, in short, is that the accused namely

Mohammed Umar Ansari is running M/s. A.A. Medical and
Distributor Shop No.7 and that the CoAccused, who runs Srinath
Enterprises Agency have illegally sold 1,77,470 Mephentermine
Sulphate Injection IP and 150 Covifor 100 mg (Remdesivir) to the
accused Mohammed Umar Ansari without there being valid
licence with the accused Mohammed Umar Ansari. It is further
alleged that Srinath Enterprises Agency was authorized to distribute
the medicines only to those shop owners who are having valid
licence with them. It is further alleged that the accused
Mohammed Umar Ansari was not having valid licence at the time
of delivery of those medicines and in spite of that fact, the Srinath
Enterprises sold the medicine to accused Mohammed Umar Ansari,
who in turn sold it to the people causing danger to the lives of
the people. On the basis of above said allegations, the offence vide
C.R.No.I85/2022 in Manpada Police Station was registered for
the aforesaid sections against the accused. Here to annexed and
marked as “Exhibit –A ” is the Copy of the said F.I.R bearing C.R.
no. I-0085 /2022 dated 31/05/2022.
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5) The Applicant states that the Applicant is made Scapegoat and he

has nothing to do with the alleged offence in the present FIR. The

Applicant states that in or around in the year 2017, the Applicant

joined the pharmaceutical company namely “ Triokaa

Pharmaceuticals Ltd and started working as Medical Representative

and earn a good reputation in company and perform his work

diligently and employers of the said company never raised any

dispute and his work involved with collection of prescriptions from

doctors and hospitals used to report his superior officer i.e. Zonal

Head namely Mr. Shiv Agrihari. The Applicant further submits that

after collecting the prescription, said purchase order/ prescription

used to forward by the Applicant to distributor after confirmation

from Zonal Head Mr. shiv Agrihari and subsequently prescription

medicine used to get released by the concern distributor. The

Applicant states that everything was smooth and in or about in the

month of March 2022, some officials of alleged Food and Drugs

department called the Applicant at their office at BKC and made

some inquiry as they informed that his superiors are involve with

mal-practise and hence they wanted to enquire with the Applicant ,

while in enquiry made him to put his signatures on some blank

papers and release with stern warning to not to disclose anything,

otherwise, the Applicant shall face the consequences. The Applicant

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being a laymen and law fearing citizen chose not to disclose to

anyone due to fear and once again started working and performing

his job diligently.

6) The Applicant further submits that everything was smooth and

suddenly in or about on 13/06/2022, the Applicant received a call

from alleged one senior officer of concern police station and was

asked to appear for interrogation and when the Applicant asked the

reason for appearance , the Applicant came to know that an FIR

bearing FIR no. 0085 of 2022 came to be registered against one of

the distributor of the company and they have made as an Accused

therein.

7) The feeling insecure and apprehending arrest approached the

Hon’ble Sessions Court, Kalyan further submits that he is feeling

insure and unsafe and apprehending arrest preferred Anticipatory

Bail application bearing Bail Application no. 1212 of 2022. The

Applicant submits that the Hon’ble Sessions court granted interim

relief and subsequently by its order dated 10/08/2022 rejected the

said Bail application. hereto Annexed and marked As “Exhibit-B”

are the copies of bail applications, reply/ say of prosecution and

order dated 10/08/2022 collectively.

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8) That the Applicant has not committed any offence of whatsoever

punishable with alleged offence and the Applicant is not having any

previous criminal record. The Applicant is mere a Medical

Representatives and follows the orders of the higher authorities and

since 2017 there was not a single complaint or any dispute raised

against the present Applicant in respect of any mal-practise and

question of committing alleged offense does not arise as all and

hence in no stretch of imagination, the Applicant can commit any

offense as alleged.

9) The Applicant have permanent address at Mumbai and residing since

many years and having place of work in Mumbai . Hereto annexed

and Marked as Exhibit-“C” are the Copies of identity card, Adhar

Cards of the Applicant collectively.

10) Under these circumstances the APPLICANT apprehends their arrest

by the Respondent for the alleged commission of offence which they

have never committed and are hereby approaching this Hon’ble

Court with a Prayer for anticipatory bail.

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11) The Applicant states that the investigation of the offence has been

practically completed considering the facts and circumstance it

cannot be said that any offence u/s. 420, 336 276 r/w 34 of the

Indian Penal Code along with U/S. 18 (C) OF DRUGS AND

COSMETICS ACT A940 of has been made out by the complainant.

The Applicant states that for the reasons stated above the Applicant

above named has reasons to believe that he may be arrested by the

police on the accusation of having committed a non-bailable offence

and therefore the Applicant approaches this Hon’ble Court for

releasing him on bail in the event of his arrest (anticipatory bail) on

the following amongst many others grounds, which are pleaded

without prejudice to one another:

GROUNDS

a. That the Applicant is innocent and he is falsely implicated in

the alleged offence. He has nothing to do with the alleged

offence.

b. Notice u/s 41(2) of the Code of Criminal Procedure was

served upon the Applicant and there is a great chance of

apprehension of arrest .
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c. That taking in to consideration the totality of the

circumstance by no stretch of imagination it can be said that

the Applicant can be held guilty of the offence punishable

u/s. 420, 336 276 r/w 34 of I.P.C or U/S. 18 (C) OF DRUGS

AND COSMETICS ACT A940

d. That the Applicant is residing at the address mentioned

herein above, along with his family and as such he will not

abscond anywhere if he is released on bail.

e. The FIR has been filed by the Informant/Org. Complainant

after though.

f. The Applicant undertakes that he shall make himself

available for interrogation by the police officer, in

connection with this offence as and when required.

g. The Applicant is not beneficiary of as alleged by the

Informant.

h. There is nothing to be recovered from the Applicant, on the

contrary the Applicant is a small time medial representative

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0
and earn his livelihood by lawful means and currently

unemployed.

i. The Applicant is resident of MUMBAI and have place of

resident and resides with his family members consisting

senior citizen parents hence the question of absconding does

not arise at all.

j. The Applicant undertakes to abide the terms and conditions

imposed by this Hon’ble court and co –operate with the

police for the purpose of interrogation and will not tamper or

abscond if released on anticipatory bail.

k. The Applicant as per direction of concern police officers

during the pendency of interim bail, visited the address of the

company and also co-operate and further undertakes to co-

operate with the police investigation.

l. Nothing is to be recovered at the hands of the Applicant as

she himself is victim therefore custodial interrogation is not

just and necessary.

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1
m. If the Applicant is arrested, he will be subjected to mental

agony and torture, therefore she will lose her esteem in the

eyes of well wishers and society.

n. The Applicant is ready to abide by any terms and conditions

that may be imposed by this Hon’ble court.

o. That no criminal antecedent against the Applicant.

p. The Applicants has not committed any offence as alleged by

the Complainant.

q. The Applicant says that there is no prima facie case against

them.

r. The Applicants is apprehending that they can be anytime

arrested and falsely implicated.

s. The alleged offence is Non-Bailable offence.

t. t is further submitted that the no such offence as alleged has

been committed by the Applicant and nothing is to be

investigated at the instance of Applicant and therefore

custodial interrogation of the Applicants are not required.

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16. That the Applicants craves leave to add, alter or amend Any of the

ground aforesaid.

17. That the accused Applicants are ready and willing to furnish reasonable

surety that this Hon’ble court deem fit.

18. That the Applicant is ready and willing to abide by the terms and

conditions put by this Hon’ble court, if he is released on anticipatory bail.

19. That the accused Applicant will not misuse the liberty and will not tamper

the evidence.

20. That there are no criminal antecedents against the Applicant.

21. No other application is filed in Supreme Court or any other Court

regarding the Subject matter.

In the circumstances aforesaid the Applicants prays that,

a. The Applicant/Accused above named may please be released on

Bail in the event of his arrest in CR. No.I-0085 /2022 registered by

Manpada Police Station for the offences punishable under section

420, 336 276 r/w 34 of the Indian Penal Code along with U/S. 18
 1
3
(C) Of Drugs And Cosmetics Act 1940 on such terms and condition

as this Hon’ ble Court may deem fit and proper.

b. That pending the hearing and final disposal of this application the

Applicant/ Accused be released on interim bail in the event of his

arrest, in connection with CR. No. I-0085 /2022 registered by

Dindoahi Police Station for the offences punishable under section

420, 336 276 r/w 34 of the Indian Penal Code along with U/S. 18

(C) Of Drugs And Cosmetics Act 1940. The Present Application is

filed under section 438 of the Code of Criminal on such terms &

conditions as this Hon’ble court deem fit and proper;

c. Ad-interim relief, in terms of prayer clause (b) above,

d. Any other order as is just and necessary may kindly be passed in the

interest of justice

AND FOR WHICH ACT OF KINDNESS AND JUSTICE, THE APPLICANT

SHALL AS IN DUTYBOUND EVER PRAY.

MUMBAI
Applicant
Adv. J.P. Yadav

Advocate for the Applicant

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VERIFICATION

I MR. ISTEYAQ AHMAD AZAD ALI ANSARI AGE: Occ:

Medical Representative, Having place of resident at C/505, Satellite Garden
Phase -2, D-3 Film City Road Gen. A.K. Vaidya Marg, Goregaon(East), Mumbai-
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5
400063 the Applicant/ org. Accused abovenamed do hereby state on solemn
affirmation that what is stated in the above paragraphs is true & correct to the best
of my knowledge & information, which I believe to be true.

Solemnly Affirmed at Mumbai

Identified and explained by me

Applicant

Adv. J.P. YADAV