Anwar Jamil Siddiqui v. State Of Maharashtra

2023:BHC-AS:28098

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.309 OF 2023 ANWAR JAMIL SIDDIQUI ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT Mr. Harshwardhan Akolkar, for the applicant.

Mr. N. B. Patil, APP for the State.

Mr. Satyavan Bile, API Vashi Police Station present. CORAM : M. S. KARNIK, J.

DATE : SEPTEMBER 25, 2023 P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for bail in respect of the offence punishable under sections 420, 465, 467, 468, 469, 471, 511 read with 34 of the Indian Penal Code, 1860 and under sections 66(D) of the Information and Technology Act, 2000 registered on 16/02/2022 vide C.R. No.0042 of 2022 with Vashi Police Station. 3.

The applicant is the accused no.1. There are in all 5 accused. Learned APP submitted that accused nos. 3 to 5 are absconding. The case in brief is that the applicant is a sim card dealer. The applicant 1/3

affixed his photograph on a fake Aadhar card and on that basis handed over sim cards to the accused nos. 3 to 5. It is further the accusation that the accused nos. 3 to 5 who floated the company by creating fake profiles solicited investments from various persons to the tune of Rs. 12 lakhs. The applicant is not a beneficiary of any amount. There is nothing on record to indicate that the applicant is anyway concerned with the business of accused nos. 3 to 5. As indicated earlier, the role of the applicant is that he helped the accused nos. 3 to 5 to procure the sim cards and affix his photograph on Aadhar card which was of someone else. The applicant was arrested on 31/03/2022 and is now in custody for more than 1 year and 5 months.

In the facts of the present case, further custody of the applicant is not necessary as the charge-sheet against the applicant has been filed. The investigation is complete. The applicant is a resident of Uttar Pradesh. Learned APP apart from opposing the application for bail on merits submitted that there is every likelihood of the applicant absconding and avoiding trial. There are no criminal antecedents reported against the applicant. The applicant does not appear to be a fight risk.

O R D E R

(a) The application is allowed.

(b) The applicant- Anwar Jamil Siddiqui in connection with C.R. No.0042 registered with Vashi Police Station shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- with one or two local sureties in the like amount. (c) The applicant shall attend the investigating officer of Vashi police station once in a month every first Monday of the month between 11.00 a.m. and 1.00 p.m.

(e) The 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 the facts to Court or any Police Officer. The applicant shall not tamper with evidence.

(f) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.

(g) The applicant shall not leave the State of Maharashtra without permission of the trial Court.

4.

The application is disposed of.

(M. S. KARNIK, J.) 3/3