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B.A.No.627 of 2022
CNR:MHCC02-003614-2022
IN THE SESSIONS COURT FOR GR.BOMBAY
AT BOMBAY
BAIL APPLICATION NO.627 OF 2022
IN
DCB CID C.R.NO.87 OF 2021
(SAHAR POLICE STATION C.R.NO.467 OF 2021)
Mrs. Lubna Azaan Wazir @
Sapna Wazir
Aged:47, r/at.Plot No.2305,
2705, T/376, Royal Empower,
23rd Floor,Lokhandwala Beverly
Hill Road, Andheri(W), Mumbai.

.. Applicant
V/s.
The State of Maharashta
(at the instance of DCB CID
Unit-10)
.. Respondent
Appearances:
Adv. Mubin Solkar for applicant.
APP Abhijeet Gondwal for respondent.
Adv. Sakshi Mane for intervener.
Coram : R. M. Sadrani
Addl. Sessions Judge
C.R. No.37.
DATED : 27th April, 2022.
ORDER
1
This is an application U/s.439 of Code of Criminal
Procedure(hereinafter referred to as “Cr.P.C.) for the grant of bail to
the applicant Lubna Azaan Wazir @ Sapna Wazir in C.R.No.87 of
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B.A.No.627 of 2022
2021 of DCB CID, Mumbai (Sahar Police Station, Mumbai C.R.No.467
of 2021) for the offence punishable U/s.170, 342, 364A, 384, 385,
388, 389, 392 and 120B of Indian Penal Code(hereinafter referred
to as IPC).
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Perused the application. Heard both the sides.

3
As per case of the prosecution, informant is Jitendra
Kantilal Shah. He lodged FIR on 18/11/2021 that accused namely
Akash, Manish, applicant, Monia(Wanted accused) made a
conspiracy and in furtherance of their conspiracy on 08/03/2019,
at Lalit Hotel, Andheri, they created a honey trap and recorded fake
video. On account of not- reporting matter to the police for the
offence of rape, accused extracted amount of R.3.26 Crores from
time to time. Amount was paid to the co-accused Akash through
Angadia and sometimes by cash.
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Learned Adv.Mubin Solkar for the applicant argued that
this is the first bail application after filing of the chargtesheet.
Except Section 364A of the IPC, rest of the Sections are triable by
the Magistrate’s Court.

Sessions Case is yet to be committed.

Applicant was arrested on 18/11/2021. One of the accused namely
Sonia is protected from arrest.
allegations.

All the allegations are false
Informant is cunning and shrewd.

There are four
criminal cases pending against him. He is knowing the procedure
of law. There is no reason for lodging FIR after three years of the
incident. As per FIR itself, informant has forwarded amount by
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B.A.No.627 of 2022
courier service which shows that informant was free to lodge FIR.
Rs.1 lakh were received in the account of the co-accused Akash due
to business transaction. There is no banking transaction between
the parties. He requested to enlarge the applicant on bail.
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Learned APP Abhijeet Gondwal, investigating officer
and Adv.Sakshi Mane for the intervener opposed the application.
Punishment for the offence U/s.364A of IPC is upto death penalty.
Offence is serious in nature. Co-accused Monia is wanted accused.
Video at Lalit Hotel was recorded in her mobile and if the applicant
is released on bail, there is every possibility of tampering with the
evidence. Said Monia is yet to be arrested and video is with her. In
order to attract Section 364A of IPC, investigating officer has
shown CCTV footage that informant was taken to house of
applicant on 30/10/2021 for settlement against will of the
informant. It is requested to reject the application.
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record.

After hearing both the sides, I have gone through
Section 364A of IPC was added on the allegation that
informant on 30/10/2021 at 5.00 p.m. when he was standing near
infinity mall, Andheri waiting for Akash, at that time, Manish came
with vehicle. Thereafter, Akash also sat from his house. When the
informant inquired with them that as per talk with them, meeting
was to be held at public place and not at the house of applicant,
both the accused Akash and Manish did not permit him to get
down from the vehicle. In the light of this allegation, I have gone
through CCTV footage, particularly CCTV footage at the building of
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B.A.No.627 of 2022
applicant. When informant was in lift alongwith co-accused, at
that time, he was free without any pressure and his movement was
spontaneous without any force. What happened in the Car is a
matter of trial. Another point raised by the prosecution that fake
video of Honey Trap was recorded at Lalit Hotel in the mobile of
wanted accused Monica. I have gone through FIR. As per FIR, said
video was recorded by applicant in her mobile. When Monica was
on the bed after removing her clothes and by covering bedsheet, as
per the informant, video was recorded in the mobile of applicant.
Mobile of applicant is already recovered. Therefore, there is no
possibility of tampering with the evidence. Statements of rest of
the witnesses are already recorded including statement of Angadia.
Considering all these facts and circumstances, I am inclined to
allow the application.

In order to secure the presence of the
accused, following order will suffice the purpose.
ORDER
1
Bail Application No.627 of 2022 is hereby allowed.

2
Applicant Lubna Azaan Wazir @ Sapna Wazir in
C.R.No.87 of 2021 of DCB CID, Mumbai ( Sahar Police Station,
Mumbai C.R.No.467 of 2021) for the offence punishable U/s.170,
342, 364A, 384, 385, 388, 389, 392 and 120B of Indian Penal Code
be released on bail on executing PR bond of Rs.50,000/- with one
surety of the same amount. In addition to this, applicant to deposit
cash surety of Rs.50,000/-.

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B.A.No.627 of 2022
Applicant to furnish her detailed address, phone
number at the time of furnishing bail.
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Bail before the Court attending remand.

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Applicant shall not, directly or indirectly, make any
inducement, threat or promise to any person acquainted with the
facts of the accusation against herself so as to dissuade him from
disclosing such facts to the Court or to any police officer.
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Applicant shall not leave India without previous
permission of the Court.
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Bail Application is disposed off accordingly.

( R. M. Sadrani )
Addl. Sessions Judge, Sessions Court,
Dated :27/04/2022.
Gr. Mumbai
Dictated on
: 27/04/2022
Transcribed on : 27/04/2022
Signed on
: 27/04/2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.
UPLOADED ON:28/04/2022.
TIME:05.35 p.m.

(Santosh B. Sawant)
(Selection Grade Stenographer)
Name of the Judge(with Court Room Shri. R. M. Sadrani, Judge, C.R.No.37.
No.)
Date
of
pronouncement
Judgment /Order
of 27/04/2022.

Judgment/Order signed by P.O. on
27/04/2022.

Judgment/Order uploaded on
28/04/2022.

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