Taslimun Nisha Mohammad Athar Ansari Vs State of Maharashtra Bombay Sessions Court BA No 1143 of 2024

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MHCC020070652024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 1143 OF 2024
Smt. Taslimun Nisha Mohammad Athar Ansari
Age : 24 years, Occ. Housewife,
R/at : Kamala Raman Nagar,
Near Rehmaniya Masijd, Baiganwadi,
Govandi, Mumbai 43.

…Applicant/accused
Vs.
The State of Maharashtra
…Respondent
Appearance :Mr. S. M. Shoaib, Ld. Advocate for the Applicant.
Mr. J. N. Suryawanshi, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A. A. KULKARNI (C.R. NO.22)
DATED : 03rd May, 2024
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application under Section 439 of Cr. P.C. Heard
Ld. Advocate for applicant and Ld. APP for the State. Perused the
application, say and documents on record.
2.

The Ld. Advocate for applicant submitted that applicant is
arrested by Shivaji Nagar police in connection with C.R. No.313/2024
for the offence punishable under Sections 420, 465, 466, 468, 471 of
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IPC. It is further contention of accused that she is falsely implicated in
this case. Applicant has not committed any offence as alleged in the FIR.
Applicant is in police custody since 23.04.2024. Applicant is not having
any criminal antecedents also she is permanent resident of Mumbai.
The applicant has not played any role in the present crime. Applicant is
ready to co-operate with police. She is ready to abide by the terms and
conditions imposed by this Court. Hence, he prayed for bail.
3.

Ld. APP and investigating officer opposed application. It is
their contention that applicant submitted forged certificate and
committed forgery and cheating for obtaining Passport Office. If,
applicant is released on bail there is possibility of tempering evidence of
prosecution. Hence, prayed for rejection of application.
4.

In view of submissions from both sides and as per
allegation in FIR,
informant is a police personal and working in
passport branch. According to him there branch received directions
from the passport office and it was directed that if birth or death
certificate is produce then QR code on the said certificate to be scanned
and if it is is not opened in the link then it should be treated as
duplicate and it should be verified from the issuing office and if found
bogus or duplicate then necessary action be taken. Accordingly, the
present applicant produced the birth certificate of herself for the
purpose of obtaining passport of her minor child. For the purpose of
further investigation custodial interrogation of applicant is not required.
Alleged offence is based on documentary evidence. Alleged documents
are in custody of police. In such circumstances further detention of
applicant is not necessary. Hence, by directing the applicant to remain
present before investigating officer purpose of further investigation,
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with such direction purpose of securing presence of accused for
investigation will be fulfilled.
of above circumstance,
Therefore, I am of opinion that in view
applicant is entitled to be released on bail.

Hence, I pass following order :ORDER
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Criminal Bail Application No. 1143 of 2024 is allowed.
Applicant/accused Smt. Taslimun Nisha Mohammad Athar Ansari
be released on bail on furnishing P.R. Bond of Rs.25,000/- along
with one or more sureties in the like amount in connection with
C.R. No.313/2024 registered with Shivaji Nagar police station.
Applicant/accused shall attend Shivaji Nagar Police Station,
Mumbai, as and when required by Investigating Officer on notice.
Applicant/accused shall furnish her residential address proof and
contact numbers to Investigating Officer.
Applicant/accused shall not directly or indirectly, make any
inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts
to the Court or to any Police Officer.
Applicant/accused shall not leave India without previous
permission of the Court.
Request of provisional cash surety is allowed for eight weeks.
Bail before learned Court below.
Criminal Bail Application No.1143 of 2024 stands disposed of
Digitally
accordingly.
signed by
AJAY ANIL
KULKARNI
Date:
2024.05.03
17:55:41
+0530
Date : 03.05.2024
Directly typed on computer on
HHJ signed on
(A. A. Kulkarni)
Additional Sessions Judge,
Sessions Court,
Gr. Bombay (C.R.No.22)
: 03.05.2024
: 03.05.2024
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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HHJ SHRI. A.A. KULKARNI (CR 22)
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