Ajim Mahmadrafik Mullani And Another v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2524 OF 2025 Dildar Din Mohammad ...Applicant V/s.
The State of Maharashtra & Anr.
...Respondents.
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Dr. Uday Warunjikar a/w. Adv. Zoheb Merchant i/b Mr. Bhavesh Sawant for the Applicant.
Mr. Shahaji R. Shinde, B-Panel Counsel for the Respondent/State. Adv. Galib Shaikh for the Respondent No.2.
PI Prabhat Mankar and PsI Dipak R. Thorat, Oshiwara Police Station present.
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CORAM
:
N.R. BORKAR, J.
DATE :
18.09.2025.
P.C. :
1.
This is an application for anticipatory bail. 2.
The applicant is apprehending his arrest in Crime No.784 of 2025 registered at Oshiwara Police Station, Mumbai for the offences punishable under Sections 69, 79, 77 and 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 67(A) of the Information Technology Act, 2000.
3.
According to the prosecution, the applicant on the false pretext of marriage committed sexual intercourse course with the prosecutrix. It is further alleged that the present applicant had uploaded certain objectionable photographs of the prosecutrix on social media.
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4.
I have heard the learned counsel appearing for the applicant, the learned APP for the respondent / State and the learned counsel for respondent No.2.
5.
Learned counsel for the applicant submits that the alleged relationship was consensual and there was no promise of marriage as alleged. It is submitted that there is no need of custodial interrogation and the applicant is ready to cooperate in the investigation.
6.
Learned counsel for respondent No.2 submits that the respondent No.2/prosecutrix has no objection if the present applicant is released on anticipatory bail.
7.
The learned APP for the respondent/State submits that considering the nature offence, the applicant may not be released on anticipatory bail.
8.
I have perused the FIR. Prima faice, there appears to be substance in the submission of the learned counsel for the applicant. In that view of the matter, I am inclined to release the applicant on anticipatory bail. In the result the following order is passed.
ORDER
A) The Application is allowed.
B) In the event of arrest of the applicant in C.R. No. 784 2/3
of 2025 registered at Oshiwara Police Station, Mumbai for the offences punishable under Sections 69, 79, 77 and 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 67(A) of the Information Technology Act, 2000, 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.
C) The learned counsel for the applicant, on instructions, submits that the applicant without prejudice to his rights is willing to deposit Rs.1 lakh for his alleged act of uploading objectionable photographs on social media. The applicant shall deposit the amount of Rs.1 lakh with the Police Welfare Fund, details of which are as under:
"Mumbai Police Welfare Fund A/c. No.465010100008693 IFSC Code No.UTIB0000465 Bank : Axix Bank , Lamington Road 9.
The Application is disposed of in the aforesaid terms. 10.
List the matter under the caption "for compliance" on 6th October 2025.
[N.R.BORKAR, J.] 3/3