Shafeeq Ahmed Moona v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2521 OF 2025 Shafeeq Ahmed Moona ...Applicant V/s.

The State of Maharashtra & Anr.

...Respondents.

..............

Adv. Varun Thokal for the Applicant.

Mrs. Rutuja Ambekar, APP for the Respondent/State. IO - PSI Suryakant Omase, Vileparle Police Station present. First informant is present in the court.

..............

CORAM

:

N.R. BORKAR, J.

DATE :

13.11.2025.

P.C. :

1.

This is an application for anticipatory bail. 2.

The applicant is apprehending his arrest in Crime No. 491 of 2025 registered at Vileparle Police Station, Mumbai for the offences punishable under Sections 69, 316(4), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

According to the first informant, the co-accused herein viz. Fayyaz Lone subjected her to forcible sexual intercourse on multiple occasions, under a false promise of marriage. The further allegations against the said co-accused are that he along with the present applicant induced the first informant and her daughter to invest money with them while assuring profitable returns and defrauded them to the tune of Rs. 60 lakhs.

1/3

4.

I have heard the learned counsel appearing for the applicant and the learned APP for the respondent / State. 5.

Learned counsel for the applicant submits that the applicant has nothing to do with the alleged crime. It is submitted that there are no other criminal antecedents against the present applicant. It is submitted that there is no need of custodial interrogation and the applicant is ready to cooperate in the investigation. 6.

The first informant is present in the Court. The Investigating Officer identifies her. The first informant has stated that she has no objection if this Court grants anticipatory bail to the present applicant and submitted an affidavit to that effect on record. 7.

Learned APP for the respondent/State submits that considering the nature of crime, the applicant may not be released on anticipatory bail.

8.

I have perused the first information report. The main allegations are against co-accused Fayyaz. There are no other criminal antecedents against the applicant. Considering the overall facts and circumstances, I am inclined to release the applicant on anticipatory bail. In the result, the following order is passed.

ORDER

A) The Application is allowed.

2/3

B) In the event of arrest of the applicant in C.R. No. 491 of 2025 registered at Vileparle Police Station, Mumbai for the offences punishable under Sections 69, 316(4), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, he be released on bail on executing P.R. Bond in the sum of Rs.25,000/- with one surety or two sureties in the like amount. [N.R.BORKAR, J.] 3/3