Shahid Nawab Rizvi v. State Of Maharashtra And ANR

1 909-ABA 3150-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3150 OF 2025 Shahid Nawab Rizvi ... Applicant V/s.

State of Maharashtra & Anr.

... Respondents ----- Mr. Satish Mishra a/w Shivani Kumari for the Applicant. Mr. V. N. Sagare, APP for the Respondent-State. PSI Rakesh Nalawade, Powai PS is present.

----- CORAM :

N.R. BORKAR, J.

DATE :

18TH NOVEMBER 2025 P.C. :

MUGDHA MANOJ PARANJAPE MUGDHA MANOJ PARANJAPE Date: 2025.12.12 19:55:17 +0530 1.

This is an Application for anticipatory bail. 2.

The Applicant is apprehending his arrest in Crime No.1023 of 2025 registered with Powai Police Station for the offences punishable under Sections 351(2), 308(2), 308(3), 126(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

It is the case of the prosecution that on 10th July 2025, the Applicant and other co-accused coerced the first informant and the other contractors to pay Rs.40,000/- for repairing a certain stretch of road. Out of the said demanded amount, Rs.26,000/- was extorted from the first informant. Thereafter, it is alleged that the Applicant contacted the first informant several times and demanded Rs.5,000/- from him for the said repair work. The allegations against the present Applicant and other co-accused are thus of extortion.

2 909-ABA 3150-25.doc 4.

Learned Counsel for the Applicant submits that the Applicant has nothing to do with the alleged crime. It is submitted that there is a delay in lodging the FIR. It is further submitted that there is no need of custodial interrogation and the Applicant is ready and willing to cooperate in the investigation.

5.

On the other hand, Learned APP for the Respondent-State submits that the Applicant is involved in serious crime of extortion. It is further submitted that the Applicant is involved in two more crimes. It is submitted that considering the overall facts and circumstances of the case, the Applicant may not be released on anticipatory bail. 6.

I have perused the FIR. There is a delay in lodging the FIR and prima facie there appears to be no explanation for the said delay. As regards the criminal antecedents, they are of the years 2010 and 2011. There appears to be no need of custodial interrogation. Considering the abovesaid facts and circumstances of the case, I am inclined to release the Applicant on anticipatory bail. Hence, the following order:-

ORDER

i.

The Anticipatory Bail Application is allowed. ii.

In the event of the arrest of the Applicant in Crime No.1023 of 2025 registered with Powai Police Station for the offences punishable under Sections 351(2), 308(2), 308(3), 126(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023, he shall be released on bail on furnishing a PR Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount.

3 909-ABA 3150-25.doc iii.

The Applicant shall attend the concerned Police Station as and when called for by the investigating officer and shall co-operate in the investigation.

iv.

The Applicant shall not commit any other crime. v.

Liberty is granted to the prosecution to file an application for cancellation of anticipatory bail in case the Applicant commits breach of any of the above conditions. 7.

The Anticipatory Bail Application is disposed of in the aforesaid terms.

(N.R. BORKAR, J.)