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B.A.618/24
MHCC020040312024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.618 OF 2024
Mohd. Jabir Atahar Hussain Ansari
Age 29 years, Occ : Worker,
Residing at K.N.SUP 10 N/660,
Near Indra Nagar, Dharavi, Maharashtra,
400017.

… Applicant
– Versus The State of Maharashtra
(Through Dadar Railway Police Station,
vide C.R. No.241/2024)
… Respondent
Appearance :Adv. Smita Pawar for the applicant.
Mr. Iqbal Solkar, A.P.P. for respondent.
CORAM : RAJESH A. SASNE,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 16/03/2024
ORDER
This is an application filed by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail in connection with
C.R.No.241/2024 registered with Dadar Railway Police Station for the
commission of offences punishable u/Sec. 379, 34 of the Indian Penal
Code.

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2.

B.A.618/24
It is alleged by the applicant / accused that he is falsely
implicated in the present case. He was arrested on 28.02.2024. Nothing
is to be seized or recovered from his possession. He has undergone
custodial interrogation and now he is in judicial custody. Investigation is
over. Nothing is to be seized or recovered from the possession of the
accused. Therefore, there is no point in keeping the accused behind bars
till conclusion of trial. He is permanent resident of his given address
therefore he prayed for releasing him on bail.
3.

The prosecution opposed the application by filing reply
vide Exh.2. It is alleged by the prosecution that if the accused is
released on bail there is possibility of threatening of prosecution
witnesses. If the accused is released on bail there is possibility of
tampering prosecution evidence. If the accused is released on bail there
is possibility that he will flee away from the justice. Hence, prosecution
prayed for rejection of the application.
4.

Read the application, say filed by the respondent. Heard
the ld. Advocate for the applicant and ld. advocate for the respondent.
5.

It is the case of the prosecution that on 26.02.2024 at
around 7.42 a.m. when the informant alighted at platform No.1, he
noticed that his mobile handset is missing and somebody has stolen it.
Therefore, report is lodged against unknown persons and investigation
proceeded. During the course of investigation the police arrested
accused Sultan and the present applicant as accused No.2. The
applicant has been arrested on 28.02.2024. The mobile handset is
already recovered. Nothing remained to be recovered. The criminal
antecedents reported in the reply are in respect of accused No.1. No
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B.A.618/24
criminal antecedents reported with regard to the applicant. If
reasonable conditions securing presence of accused are imposed, he will
be entitled for the bail. Hence, I pass the following order :
ORDER
1]
Bail Application No.618 of 2024 is allowed.

2]
Applicant / Accused Mohd. Jabir Atahar Hussain Ansari, arrested
in C.R.No.241/2024 under Section 379,34 of the Indian Penal Code,
registered with Dadar Railway Police Station, Mumbai be released on
bail on furnishing P.B. and S.B. of Rs.20,000/- with one or two sureties
3]
The applicant / accused shall not tamper with the prosecution
witnesses and evidence in any manner.
4]
The applicant / accused shall attend the said police station on 2 nd
and 4th Saturday of every month between 11.00 a.m. to 2.00 p.m. till
filing of the charge sheet.
5]
Provisional cash bail in the like amount is allowed. The accused
shall furnish surety within 4 weeks from the date of release from jail
failing which the cash bail shall stand forfeited without any separate
order to that effect.
6]
The applicant / accused shall not leave India without prior
permission of the Court.
7]
Bail before the concern Magistrate.

Date : 16/03/2024
Dictated on
Transcribed on
Signed by HHJ on
: 16.03.2024
: 18.03.2024
: 21.03.2024
( Rajesh.A. Sasne)
Additional Sessions Judge,
Gr. Mumbai.

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B.A.618/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
21/03/2024
5.39 p.m.

UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri.
Room No.)
R.A. SASNE, Court Room No. 30.
Date of Pronouncement of ORDER 16/03/2024
ORDER signed by P.O. on
21/03/2024
ORDER uploaded on
21/03/2024