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Bombay High CourtABA/606/2025disposedoff

Mohd Sufiyan Abdul Rabbani v. State Of Maharashtra Thr Pso Ps Buldhana City Buldhana

2025-08-14Hon'Ble Shri Justice M. W. Chandwani3 pages

1 909.ABA.606-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO. 606 OF 2025 ( Mohd. Sufiyan Abdul Rabbani Vs.

State of Maharashtra, Thr. PSO PS Buldhana City ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. M.N. Ali, Advocate for the Applicant.

Mr. Neeraj Jawade, APP for the Non-applicant/State. CORAM: URMILA JOSHI-PHALKE, J.

DATED : 14th AUGUST, 2025 1.

Apprehending the arrest at the hands of Police in connection with Crime No.644/2025 registered with Police Station Buldana City for the offence punishable under Sections 74, 75(1), 78(1) and 333 of the Bharatiya Nyaya Sanhita, 2023, the Applicant approached to this Court for grant of pre arrest bail.

2.

Heard learned Counsel for the Applicant who submitted that the crime is registered on the basis of the report lodged by the Victim on an allegation that on 17.07.2025 at 12.30 p.m., the present Applicant entered in her house and with ill-will he has hold her hand and used the obscene words and thereby outraged her modesty. On the basis of the said report Police have registered the crime against the present Applicant.

3.

Learned Counsel for the Applicant submitted that, the Applicant has made a complaint against the family members of the Informant as they are running the fair price shop, and therefore, the present Applicant is falsely

2 909.ABA.606-2025.odt implicated in the alleged incident. As far as the immediate custodial interrogation is concerned, which is not required as with baseless and false allegations the FIR is lodged. 4.

Learned APP, strongly opposed for the same and submitted that the custodial interrogation is required considering the words used by the present Applicant. 5.

On hearing both the sides and on perusal of the recitals of the FIR and various documents filed on record which shows that there is a previous enmity between the present Applicant and the family members of the Informant. The present Applicant has made several complaints against the family members of the Informant. At this stage it would not be appropriate to say that due to the previous enmity the present Applicant is implicated but considering that immediate custodial interrogation of the present Applicant is not required, and therefore, the prayer for grant of ad interim protection deserves to be allowed. Accordingly, I proceed to pass the following order:

O R D E R

i.

In the event of the arrest, the Applicant Mohd. Sufiyan Abdul Rabbani in connection with Crime No.644/2025 registered with Police Station Buldana City for the offence punishable under Sections 74, 75(1), 78(1) and 333 of the Bharatiya Nyaya Sanhita, 2023, be released on ad-interim anticipatory bail, on executing P.R. Bond in the sum of Rs.25,000/- with one solvent surety in the like amount.

3 909.ABA.606-2025.odt ii.

The Applicant shall attend the concerned Police Station once in a week i.e. on every Monday between 10.00 a.m. to 01.00 p.m. and shall cooperate with the Investigating Agency.

iii.

The Applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case either personally or by way of electronic media.

iv.

The Applicant shall not enter into the vicinity of Iqbal Nagar, Buldhana till further orders.

6.

Mr. Jawade, learned APP, waives notice for the Non-applicant/State and seeks time to file reply. 7.

List the matter after two weeks.

(URMILA JOSHI-PHALKE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 16/08/2025 14:20:25