Iqrar Ali Sayyed v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION by URMILA PRAMOD INGALE Date:

2023.03.02 17:14:42 +0530 URMILA PRAMOD INGALE BAIL APPLICATION NO. 2736 OF 2022 Iqrar Ali Sayyed ..Applicant VS.

The State of Maharashtra ..Respondent Mr. Abdul Wahab Shaikh i/b Mr. H.L.Kazi, for the Applicant. Ms. P. N. Dabholkar, APP for the State.

PSI- Ms. Vidya S. Lande, Manpada Police Station present. CORAM : M. S. KARNIK, J.

DATE : FEBRUARY 27, 2023 P.C. :

1.

Heard learned counsel for the applicant and learned APP.

2.

This is an application for bail in respect of C.R.No. I617/2021 dated 28/10/2021 registered with Manpada Police Station for the offence punishable under sections 376(2)(n), 354(D), 506(2) of the Indian Penal Code, 1860. 3.

The prosecutrix at the relevant time was 22 years of age. Reading of the FIR prima facie reveals that the victim and the applicant were in a consensual relationship. The victim had left her parental home on 10/07/2021 and 1/4

stayed with the applicant. It is alleged that thereafter the prosecutrix did not want to continue her relationship with the applicant and therefore returned back to her parent's house some time on 11/10/2021. The applicant called up her parents and sister and insisted that he wanted to meet the applicant. The prosecutrix was keen to put an end to the relationship, however, the applicant was still trying to contact the prosecutrix. Hence, the FIR was lodged on 12/10/2021.

4.

The applicant is in custody since 25/04/2022 i.e. almost for 10 months. The investigation is complete and the charge-sheet has been filed. Further custody of the applicant will not serve any purpose. Learned counsel for the applicant submits that as the victim is residing in Malad, Mumbai, the applicant will not enter the area of Mumbai and Mumbai suburban district till the trial is over. The applicant can be released on bail by imposing stringent conditions. Hence, the following order.

O R D E R

(a) The application is allowed.

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(b) The applicant -Iqrar Ali Sayyed in connection with C.R. No. I- 617/2021 dated 28/10/2021 registered with Manpada Police Station shall be released on bail on furnishing P.R. bond in the sum of Rs.25,000/- with one or more sureties in the like amount.

(c) The applicant shall not enter Mumbai/Mumbai suburban district except for the purpose of attending the investigating officer. (d) The applicant shall report to the investigating officer once in a month on every Monday of the month between 11.00 a.m. and 1.00 p.m.

(e) The applicant shall not establish contact with the complainant.

(f) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant should not tamper with evidence.

(g) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer of the concerned Police Station and shall keep him updated, if there is any change 3/4

5. The application is disposed of.

(M. S. KARNIK, J.) 4/4