Mehbub Alam Mohd Liyakat v. State Of Maharashtra
2025:BHC-AS:12162 1/4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 720 OF 2025 Mehbub Alam Mohd. Liyakat ..... Applicant
VERSUS
State of Maharashtra ..... Respondent Mr. Shaikh Atique Ur Rehman for the Applicant. Mr. Anand S. Shalgaonkar, A.P.P. for the State. Mr. J. B. Kadam, P.S.I., Nehru Nagar Police Station present. CORAM : RAJESH S. PATIL, J.
DATE : 13th MARCH, 2025 P.C. :- This application is filed for pre-arrest bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with Crime No. 595/2024 dated 5th December, 2024 registered with Nehru Nagar Police Station, Brihanmumbai Shahar for the offences punishable under Sections 420, 465, 468, 471 of the Indian Penal Code, 1860 and Section 12(1)(b) of the Indian Passport Act, 1967. 2.
It is the prosecution's case that the present applicant had
2/4 applied for passport on the basis of the forged birth certificate. While the application was considered by the Passport Authority, it was found that the birth certificate of the present applicant was forged, on the basis of which the passport application of the applicant was rejected. An FIR to that effect was lodged for the offences punishable under Sections 420, 465, 468, 471 of the Indian Evidence Act, 1860 read with Section 12(1) (b) of the Indian Passport Act, 1967. 3.
The learned counsel for the applicant submits that the applicant in fact was born in Bihar. At present he is residing in Mumbai on a leave and licence premises. He submits that the applicant will take appropriate steps in order to obtain his birth certificate. So also, if he desires to obtain a passport, relevant application would be made by him. He submits that there is no forgery involved in the present proceedings. He is ready to co-operate with the police. The custody of the present applicant is not at all necessary. 4.
The learned A.P.P. on instructions from the Officer present submits that as of today, the custody of the present applicant is not necessary if the applicant is ready to co-operate with the police.
3/4 5.
Hence, according to me, a case is made out to allow this anticipatory bail application. Hence following order :-
ORDER
(a) The anticipatory bail application is allowed. (b) In the event of arrest in connection with Crime No. 595/2024 dated 5th December, 2024 registered with Nehru Nagar Police Station, Brihanmumbai Shahar for the offences punishable under Sections 420, 465, 468, 471 of the Indian Penal Code, 1860 and Section 12(1)(b) of the Indian Passport Act, 1967, the applicant shall be released on bail, on furnishing P.R. bonds to the extent of Rs.20,000/- with two or more sureties of the like amount. (c) The applicant shall co-operate with the investigation and attend the Investigating Officer of the concerned Police Station on 19th March 2025 and 20th March, 2025 between 2:00 to 4:00 p.m. and as and when called.
(d) The applicant shall not directly or indirectly make
4/4 any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and shall not tamper with evidence.
(e) The applicant shall furnish details of his residential addresses, native place address, contact numbers and email addresses to the Investigating Officer. 6.
The anticipatory bail application is disposed of. [RAJESH S. PATIL, J.] Signed by: Kanchan V. Mayekar Designation: PA To Honourable Judge Date: 15/03/2025 17:27:55