Ansari Mateen Kauser Ahmed v. State Of Maharashtra

Sayali Upasani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3897 OF 2024 Ansari Mateen Kauser Ahmed ...Applicant Vs.

The State of Maharashtra

...Respondent

Mr. Nikhil G. Hire with Mr. Soham Pawar, Sampada S. Patil, Advocate for Applicant.

Mrs. Priyanka Rane, APP for State-Respondent. CORAM:- ANIL S. KILOR, J.

DATED:- 16th OCTOBER, 2024 PC :- 1) Heard.

2) By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No. 202 of 2023 registered with Chavni Police Station, Malegaon, Nashik, for the offences punishable under Sections 417, 418, 419, 420, 465, 466, 467,468, 471 and 120-B read with Section 34 of the Indian Penal Code, 1860 and Section 82 of the Registration Act, 1908.

3) The applicant is the stamp vendor and the allegations against the applicant is that he helped the co-accused to get the bogus sale-deed registered in the name of the deceased father of the informant. It is 1/3

further alleged that the applicant had knowledge about the death of father of the informant and despite the same, he facilitated the other accused to get the above referred sale-deed registered in the office of Sub-Registrar.

4) In the present matter, as the charge-sheet has been filed and the relevant documents have also been recovered and it is in the custody of the Investigating Officer, I am of the opinion that further custody of the applicant is not necessary. Moreover, there are no antecedents against the applicant and he is in jail from last more than one year. 5) In the circumstances, though the learned APP is strongly opposed the application, I pass the following order.

ORDER

i The Bail Application is allowed;

ii It is directed that the Applicant shall be released on bail in Crime No. 202 of 2023 registered with Chavni Police Station, Malegaon, Nashik, for the offences punishable under Sections 417, 418, 419, 420, 465, 466, 467,468, 471 and 120-B read with Section 34 of the Indian Penal Code, 1860 and Section 82 of the Registration Act, 1908, on furnishing P.R. Bond of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety in the like amount;

iii The applicant shall attend the said Police Station on 1st day of every month between 12.00 noon to 2.00 p.m., till the conclusion of the trial except on the date of trial; 2/3

iv.

The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also not tamper with the evidence; v. Liberty is granted to the State to apply cancellation of bail if the applicant commits similar offence.;

vi.

The Applicant shall attend the trial before the Trial Court regularly on every date unless exempted by the Trial Court for any reason.

vii. Application stands disposed of, accordingly. [ANIL S. KILOR, J.] 3/3