Sameer Noor Mohammad Ansari v. The State Of Maharashtra Through Rabale Midc Police Station
by CHITRA SANJAY SONAWANE Date:
2025.07.12 11:14:01 +0530 CHITRA SANJAY SONAWANE Chitra Sonawane 907-aba-1855-25.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No.1855 of 2025 Sameer Noor Mohammad Ansari Aged about 30 yrs, Occ: Business, R/at Room No.641, Rawalkar chawl, Azad Ngr No.1, Castle Mill, Agra Road, Prabodhankar Thakre Udyan, Thane (W), Thane-400 601.
... Applicant.
Vs.
The State of Maharashtra (through Rabale MIDC Police Station, Navi Mumbai, vide CR No.525/2024) ... Respondent.
--- Mr Shamshad Ahmad Maqbool Ahmad a/w Mohd. Daood Khan i/by Farooq Ahmed Mohd. Khalil the applicant. Mr Prashant Jadhav, APP for the respondent / State. PSI Lala Lonkar, Rabale MIDC Police Station, Navi Mumbai.
--- Coram : R.N.Laddha, J.
Date : 11 July 2025.
P.C. :
Heard the learned Counsel for the parties.
2.
By this application, the applicant seeks pre-arrest bail Page No. 1 of 5
Chitra Sonawane 907-aba-1855-25.doc in connection with CR No.525 of 2024, registered at Rabale MIDC Police Station, Navi Mumbai, for offences punishable under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019. 3.
It is the case of the prosecution that prior to the marriage, the applicant and his family accepted the informant's scoliosis and expressed their willingness to support her. However, after the marriage, the applicant began to express difficulty in coming to terms with her condition and demanded money from the informant to purchase a room for their accommodation. In a disturbing development, the applicant unilaterally pronounced an illegal "Triple Talaq" by sending a divorce deed (Talaqnama) via post on 4 October 2024, which the informant received on 16 October 2024. As a result, the present crime was registered.
4.
The learned Counsel appearing on behalf of the applicant asserts the applicant's innocence and contends that the applicant has been falsely implicated in the present crime. He submits that the informant and the applicant solemnised their marriage on 25 May 2023. However, ever Page No. 2 of 5
Chitra Sonawane 907-aba-1855-25.doc since the marriage, the informant has failed to fulfil her matrimonial obligations and has frequently quarrelled with the applicant's family members. The applicant has duly complied with the notice issued under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, by appearing before the investigating officer and cooperating with the investigation. The investigation has now concluded, and a charge sheet has been filed. There is nothing to be recovered or discovered from the applicant. The learned Counsel further submits that the applicant is willing to comply with any conditions set forth by this Court. 5.
The learned Additional Public Prosecutor appearing on behalf of the respondent/ State, submits that the offence is of a serious nature. However, on instructions from the investigating officer, who is present in the Court, the learned APP acknowledges that the investigation has been concluded, there is nothing to be recovered or discovered from the applicant, and the charge sheet has already been filed. He further states that the prosecution is not seeking the applicant's custody.
6.
Upon perusing the records, it appears that the Page No. 3 of 5
Chitra Sonawane 907-aba-1855-25.doc applicant during the pendency of his anticipatory bail application has duly appeared before the investigating officer. The investigation has now been concluded and nothing is to be recovered or discovered from the applicant. The charge sheet has already been submitted before the competent Court. The learned APP also fairly concedes that the custodial interrogation of the applicant is not necessary. Considering the aforesaid facts and circumstances, the application is allowed in the following terms:
ORDER
(i) In the event of the applicant's arrest in connection with CR No.525 of 2024, registered at Rabale MIDC Police Station, Navi Mumbai, he shall be released on bail upon executing a PR Bond of Rs.25,000/- and furnishing one or more sureties in the like amount.
(ii) The applicant, himself or through any other person, shall refrain from indulging in any activity that may tamper with the evidence or influence Page No. 4 of 5
Chitra Sonawane 907-aba-1855-25.doc witnesses.
(iii) The applicant shall regularly attend and cooperate with the trial Court for the expeditious disposal of the case.
7.
The application stands disposed of accordingly. [R. N. Laddha, J.] Page No. 5 of 5