Amin Mustafa Idrishi And ANR v. The Sr. Inspector Police

25 aba 2263-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2263 OF 2023

1. Amin Mustafa Idrishi

2. Mr. Azhar Siddique ..Applicant v/s.

The Senior Inspector of Police, Kandivali Police Station & Anr.

..Respondents Mr. Sayeed Ejaz Abbas Naqvi for the Applicant. Mrs. A.A.Takalkar, APP for the State.

CORAM : ANUJA PRABHUDESSAI , J.

DATED : 10th AUGUST, 2023.

P.C.

1.

The applicants apprehend arrest in C.R.No.406 of 2023 registered with Kandivali Police Station, Mumbai, for offences under Section 353, 504, 506 of the Indian Penal Code.

2.

Heard learned Counsel for the Applicants, learned APP for the State. I have perused the records and considered the submissions advanced by the learned Counsel for the respective parties . 3.

The offence was registered pursuant to the FIR lodged by Mansi Marlewar, Nayab Tahsildar. The facts narrated in the FIR prima facie PRASANNA PRADEEP SALGAONKAR reveal that on 7.11.2022 at about 3 p.m. while first informant visited the spot, the applicant abused, and threatened her, and obstructed her from PRASANNA PRADEEP SALGAONKAR Date: 2023.08.11 11:15:21 +0530 SALGAONKAR

25 aba 2263-23.doc carrying out the demolition of the hutments. It is stated that subsequently the hutments were demolished with the help of police protection.

4.

In my considered view, the nature of accusation would not justify custodial interrogation. Under the circumstances, the application is allowed on the following terms and conditions:- (i) In the event of arrest of the Applicants in Crime No.406 of 2023 registered with Kandivali Police Station, Mumbai, the Applicants be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twentyfive Thousand Only) each with one or two sureties in the like amount;

(ii) The Applicants shall report to the Investigating Officer for two days on 16th and 17th August, 2023, between 11.00 a.m. to 2.00 p.m.; (iii) The Applicants shall keep the Investigating Officer informed of their current address and mobile/contact details, and/or change of residence or mobile/contact details from time to time. (iv) The Applicants shall not interfere with the Complainant and the other witnesses, or tamper with the evidence in any manner. .

Application stands disposed of.

(ANUJA PRABHUDESSAI, J.) SALGAONKAR