Imran Husen Boblai v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION by SATISH RAMCHANDRA SANGAR Date:

2024.08.09 17:40:10 +0530 BAIL APPLICATION NO. 1075 OF 2024 SATISH RAMCHANDRA SANGAR Imran Husen Boblai Age : 58 Years, Indian Inhabitant, Residing at : Opp. Budha Mandir, 2/6 M.K. Chawl, Masjid Road, Hariyali Village, Vikhroli, Tagore Nagar, Mumbai : 400 083.

...Applicant

Versus

1.

The State of Maharashtra (At the instance of Kalyan Taluka Police Station vide C.R.No.363 of 2020). ...Respondent No.1 2.

XYZ

...Respondent No.1

(Original Complainant) ***** Mr.Tohid Shaikh i/b.Ms.Anjali Patil:- Advocates for Applicant.

Mr.H.J.Dedhia:- APP for Respondent No.1-State.

Ms.Mohini Kapile - PSI:- Kalyan Taluka Police Station.

*****

CORAM

:

S. M. MODAK, J.

DATED :

7th AUGUST 2024 P. C. :

1.

It is true that the earlier Bail Application No.2217 of 2021 of this 1/3

Applicant was rejected on 1st August 2023. Liberty was granted to file fresh Bail Application after six (6) months. Accordingly, this Bail Application is filed.

2.

A Report was called from the trial Court as per the order dated 19th June 2024. The learned Additional Sessions Judge, Kalyan and Special Judge (POCSO) sent a Report dated 26th July 2024. The Applicant is represented by an Advocate before the trial Court. 3.

There are 195 "Undertrial Prisoners" before the trial Court. The trial was fixed on 25th July 2024. It was adjourned to 30th July 2024. The charge was framed on 8th November 2023. The Applicant is behind bar for last four (4) years. He has made out a case for bail. There can be condition to stay outside the Kalyan Taluka. 4.

Hence, order:-

O R D E R

(i) Application is allowed.

(ii) Applicant - Imran Husen Boblai arrested in connection with C.R.No.363 of 2020 registered with Kalyan Taluka Police Station - District Thane for the offences punishable under Sections 376 AB, 506 of IPC and under Sections 4, 6 and 8 of the POCSO Act, be released on bail on furnishing personal bond and surety bond of Rs.25,000/- (Rupees Twenty Five Thousand Only).

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(iii) Bail be furnished before the trial Court.

(iv) During the pendency of the trial, the Applicant not to enter the Kalyan Taluka except for attending the Court. (v) The Applicant to furnish an alternate place of residence to the Police as well as to the Court and to inform them, if there is any change in the address.

(vi) Applicant not to threaten the prosecution witnesses or to allure them in any manner.

5.

In case of breach of any of the conditions, the bail of the Applicant is liable to be cancelled after notice. 6.

Application is disposed of in the aforesaid terms. 7.

Parties to act on an authenticated copy of this order. [S. M. MODAK, J.] 3/3