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Bombay High CourtABA/1544/2023allowed

Nausad Islam Khan v. State Of Maharashtra

2023-06-05Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

P.H. Jayani 13 ABA1544.2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1544 OF 2023 Mr. Nausad Islam Khan .... Applicant v/s.

The State of Maharashtra .... Respondent Mr. Omprakash Dubey for the Applicant.

Mr. S.H. Yadav, APP for the State.

Mr. Milind Bhojane, Crime Branch Mumbai Railway, present. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 05th JUNE, 2023.

P. C. :- .

This is an Application under section 438 of Cr.P.C. filed by the aforesaid Applicant apprehending his arrest in C.R.No.368/2022 registered with Wadala Railway Police Station, Mumbai for offences punishable under sections 371 of the Indian Penal Code. 2.

The aforesaid crime was registered pursuant to the FIR lodged by Vishal Vinod Mohite. The first informant had alleged that his mobile phone was stolen. The FIR was lodged against an unknown person. The said phone has already been recovered from the Applicant. Considering the above facts and circumstances, this is not a case for custodial interrogation. Hence, the Application is allowed on the following terms and conditions :- 1/2

P.H. Jayani 13 ABA1544.2023.doc (a) In the event of arrest of the Applicant in C.R.No.368/2022 registered with Wadala Railway Police Station, Mumbai, he shall be released on bail on furnishing bail bonds in the sum of Rs.25,000/- with one or two sureties in the like amount ;

(b) The Applicant shall report to the Investigating Officer for two days i.e., on 07/06/2023 and 08/06/2023 between 11:00 a.m. to 02:00 p.m. ;

(c) The Applicant shall not interfere with the complainant and the other witnesses and shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case in any manner ; (d) The Applicant shall keep the Investigating Officer informed of his current address and mobile contact numbers, and/or change of residence or mobile details, if any, from time to time.

3.

The Application stands disposed of.

PREETI H JAYANI (SMT. ANUJA PRABHUDESSAI, J.) by PREETI H JAYANI Date: 2023.06.08 10:31:36 +0530 2/2