Mohammad Naim Shabir Khan v. State Of Maharashtra

by ARUNA SANDEEP TALWALKAR Date:

2025.06.04 20:30:03 +0530 ARUNA SANDEEP TALWALKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 766 OF 2025 Mr. Mohammad Naim Shabir Khan.

... Applicant.

Vs.

The State of Maharashtra.

... Respondents.

--- Mr. Naushad Ahmed, Advocate for the Applicant. Smt. Rashmi S. Tendulkar, APP for Respondent/State. Mr. Sachin N. Nangare, Advocate for complainant. Mr. J.B. Kadam, Police Sub Inspector, Nehru Nagar Police Station, Mumbai through instructions given by IO PI Thikekar. --- CORAM : ASHWIN D.BHOBE, J.

DATE : 4th JUNE, 2025.

(VACATION COURT) P.C. :

1.

Heard Mr. Naushad Ahmed, learned Advocate for the Applicant and Smt. Rashmi S. Tendulkar, learned APP for Respondent-State.

2.

Mr. Sachin Nangare appears before this Court and states that

he has instructions to appear on behalf of the complainant/informant.

3.

By the present Application, the Applicant is seeking bail under section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023(for short "BNSS") in connection with the Crime No. 324 of 2024 registered at Nehru Nagar Police Station, Mumbai. Case of prosecution is that the Applicant is involved in luring persons to part with money, as such the above said offence punishable under section 420, 465, 467, 468, 471, 504, 506(2) r/w. 34 of the Indian Penal Code.

4.

Bail Application filed by the Applicant was dismissed on 04.01.2025.

5.

Mr. Naushad Ahmed, learned Advocate for the Applicant states that the investigation is complete and charge-sheet is filed. He states that involvement of the Applicant as alleged in the charge-sheet would not justify detention of the Applicant in custody.

6.

Learned APP on instructions of the Investigating Officer Mr. Thikekar, who is present in the Court states that investigation is

completed and charge-sheet is filed on 19.09.2024. Learned APP on specific instructions from PI Thikekar from Nehru Nagar Police Station, Mumbai states that the prosecution does not need further custody of the Applicant and the prosecution would not object to the release of the Applicant, subject to imposition of stringent condition. Statement made by the learned APP on behalf of the Investigating Officer who is present in the Court is taken on record. 7.

In view of the statement made by the learned APP on the instructions of the Investigating Officer present in the court and considering that the charge-sheet has been filed, Criminal Bail Application No. 766 of 2025 is allowed, subject to the following terms :

(a) The Applicant shall be released on bail in Crime No. 324 of 2025 registered at Nehru Nagar Police Station, Mumbai upon furnishing P.R. bond in the sum of Rs. 25,000/- with one or two sureties in the like amount to the satisfaction of the concerned Judicial Magistrate First Class, Vikroli, Mumbai. (b) The Applicant shall regularly attend trial Court. (c) The Applicant shall furnish his residential address with proof

alongwith contact details to the Investigating Officer, Nehru Nagar Police Station, Mumbai.

(d) The Applicant shall not tamper with the evidence or influence the witnesses.

8.

In view of the above, Criminal Bail Application No. 766 of 2025 is disposed of.

[ ASHWIN D.BHOBE, J.]