Mustaq Salim Merchant And ANR v. The State Of Maharashtra

2025:BHC-AS:21723 Diksha Rane 942 ABA 1189-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1189/2025 MUSTAQ SALIM MERCHANT & ANR ..APPLICANTS VS.

STATE OF MAHARASHTRA & ANR.

..RESPONDENTS ------------ Adv. Taha Khan a/w. Adv. Sadanand Bansode for applicant. Mr. A. A. Naik, APP for State.

API Samrat Wagh, Meghwadi Police Station, Mumbai. ------------ CORAM : RAJESH S. PATIL, J.

DATE : MAY 9, 2025.

P.C. :

1.

This application is filed under Section 438 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for seeking pre-arrest bail in connection with the First Information Report (FIR) No.182/2025 registered with the Meghwai Police Station, for the offence punishable under Sections 318(4), 74, 351(3), 115(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023.

2.

The learned APP submits that the applicant has coopeared with the investigation, hence, the custody of the present applicants is not necessary. There was a investment dispute between the applicant and the complainant lady. There was consent terms filed by parties before

Diksha Rane 942 ABA 1189-2025.doc the Andheri Court, whereby it was agreed to withdraw all complaints. 3.

In view of the submissions made by the learned APP, the case is made out to grant pre-arrest bail to the applicants.

ORDER

(a) The anticipatory bail application is allowed. (b) In the event of arrest in connection with FIR No. 182/2025 registered with the Meghwai Police Station, the applicants shall be released on bail, on furnishing P.R. bond to the extent of Rs.50,000/- each with one or two sureties each of the like amount. (c) The applicants shall not directly or indirectly make 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. (d) The applicants shall furnish details of their residential addresses, contact numbers and email addresses to the Investigating Officer.

(e) The applicants shall attend the concerned police station and meet the IO in every week on Monday's between 11.00 a.m. to 1.00 p.m. till the filing of the charge-sheet.

Diksha Rane 942 ABA 1189-2025.doc 4.

Needless to say that violation of any of the aforesaid conditions would make the applicants liable to face proceedings for cancellation of this anticipatory bail. It is also clarified that the observations made in this order are limited to the question of grant of anticipatory bail to the applicants in the present application and that the trial Court shall proceed further, without being influenced by the observations made in this order.

5.

The anticipatory bail application is disposed of. (RAJESH S. PATIL, J.) Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 09/05/2025 22:04:53