Mohammad Faizullah Ansari v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2491 OF 2025 HARISH VITHAL CHAUDHARI Mohammad Faizullah Ansari ... Applicant.

Vs.

State Of Maharashtra ... Respondent.

by HARISH VITHAL CHAUDHARI Date:

2025.06.27 21:01:29 +0530 --- Mr. Vidyadhar Gangurde for the Applicant.

Ms. Dr. A.A. Takalkar, APP for Respondent/State. --- CORAM : ASHWIN D.BHOBE, J.

DATE : 27th JUNE, 2025.

P.C. :

1.

Heard Mr. Vidyadhar Gangurde, learned advocate for the Applicant and Ms. Dr. A. A. Takalkar, learned APP for the Respondent. 2.

By the present bail application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS), the Applicant is seeking bail in connection with Cr. No. 163/2024, registered with Pawarwadi Police Station, Tal. Malegaon, Dist. Nashik, for the offences punishable under Section 74, 75(1), 351(2) and 351(3) of the Bharatiya Nyaya Sanhita (BNS).

3.

Case of the prosecution is that the Informant (daughterin-law of the Applicant), alleged sexual harassment at the hands of the Applicant. Applicant is 79 years of age and is the father-in-law of the

Informant.

4.

Applicant was arrested on 5th April, 2025, since then he is in jail.

5.

Mr. Vidyadhar Gangurde, learned advocate for the Applicant submits that the Applicant is 79 years of age and is not capable of acting in the manner, alleged. He states that there is a family discord, as a result of which, the Informant has made the allegations against the Applicant. He submits that son of the Applicant the Informant all reside in the same house belonging to the Applicant. He submits that son of the Applicant has not supported the allegations made by the Informant. He submits that the Applicant is in jail since the month of April, 2025. He states that the Applicant has heart ailments and requires medical attention. He submits that there are no witnesses to the offence. There are no criminal antecedents of the Applicant..

6.

Ms. Dr. A. A. Takalkar, learned APP for the Respondent State submits that the informant has narrated the act which transpired between her and the Applicant. She submits that the act of the Applicant, supports the prosecution's case of the modesty of the Informant being outraged. She submits that the investigation is

complete and chargesheet is filed.

7.

I have perused the records with the assistance of the learned advocate for the parties.

8.

Allegations in the crime are that the father-in-law outraged the modesty of the Informant. Though, the son of the Applicant is said to reside in the same house, the son has not supported the allegations made by the Informant. Prima facie, the possibility of the complaint being filed against the Applicant on account of family discord, cannot be ruled out. Maximum punishment for the offences alleged in the crime is 7 years. Applicant is 79 years of age. Applicant is in jail since April 2025. Investigation is complete and chargesheet is filed. There are no criminal antecedents of the Applicant.

9.

Considering the above, this is a fit case to enlarge the Applicant on bail.

10.

In view of the above, the present Bail Application is allowed on the following conditions:- a) Applicant is directed to be released on bail in C. R. No.163 of 2024, registered with Pawarwadi Police Station, Tal. Malegaon, Dist. Nashik, on his furnishing PR bond in the sum of

Rs.10,000/- with one or two sureties in the like amount to the satisfaction of Additional Sessions Judge, Nashik. b) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of the case so as to dissuade him from disclosing the facts to the Court or any police officer and shall not tamper with evidence.

c) Applicant shall appear before the concerned Court on every date fixed in the matter and co-operate in the trial. 11.

The Bail Application No.2491 of 2025 is disposed off. [ ASHWIN D.BHOBE, J.]