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2025 Supreme(Online)(Bom) 5889

BOMBAY HIGH COURT
Urmila Joshi-Phalke, J
Mohd. Sufiyan Abdul Rabbani – Appellant
Versus
State of Maharashtra – Respondent
CRIMINAL APPLICATION (ABA) NO. 606 OF 2025



Advocates:
For the Appellants/Petitioners: M.N. Ali
For the Respondents: Neeraj Jawade

Anticipatory bail may be granted when immediate custodial interrogation is not necessary, especially amid claims of false implications.

Headnote:This judgment addresses a pre-arrest bail application concerning the offense punishable under Sections 74, 75(1), 78(1), and 333 of the Bharatiya Nyaya Sanhita, 2023. The Applicant, apprehensive of arrest due to allegations of outraging modesty, seeks anticipatory bail, asserting false implications arising from a previous enmity with the Informant's family. The court finds that immediate custodial interrogation is not required given the circumstances, allowing the bail application conditional upon certain terms of cooperation with police procedures. The court reiterates the necessity of maintaining order and personal security, granting anticipatory bail under specified conditions without pre-judging the merits of the allegations against the Applicant.

Table of Content
1. final orders regarding bail conditions and hearing. (Para 6 , 7)

CORAM: URMILA JOSHI-PHALKE, J.

DATED : 14th AUGUST, 2025

1. Apprehending the arrest at the hands of Police in connection with Crime No.644/2025 registered with Police Station Buldana City for the offence punishable under Sections 74 , 75(1), 78(1) and 333 of the Bharatiya Nyaya Sanhita, 2023 , the Applicant approached to this Court for grant of pre arrest bail.

2. Heard learned Counsel for the Applicant who submitted that the crime is registered on the basis of the report lodged by the Victim on an allegation that on 17.07.2025 at 12.30 p.m., the present Applicant entered in her house and with ill-will he has hold her hand and used the obscene words and thereby outraged her modesty. On the basis of the said report Police have registered the crime against the present Applicant.

3. Learned Counsel for the Applicant submitted that, the Applicant has made a complaint against the family members of the Informant as they are running the fair price shop, and therefore, the present Applicant is falsely implicated in the alleged incident. As far as the immediate custodial interrogation is concerned, which is not required as with baseless and false allegations the FIR is lodged.

4. Learned APP, strongly opposed for the same and submitted that the custodial interrogation is required considering the words used by the present Applicant.

5. On hearing both the sides and on perusal of the recitals of the FIR and various documents filed on record which shows that there is a previous enmity between the present Applicant and the family members of the Informant. The present Applicant has made several complaints against the family members of the Informant. At this stage it would not be appropriate to say that due to the previous enmity the present Applicant is implicated but considering that immediate custodial interrogation of the present Applicant is not required, and therefore, the prayer for grant of ad interim protection deserves to be allowed. Accordingly, I proceed to pass the following order:

O R D E R i. In the event of the arrest, the Applicant Mohd. Sufiyan Abdul Rabbani in connection with Crime No.644/2025 registered with Police Station Buldana City for the offence punishable under Sections 74 , 75(1), 78(1) and 333 of the Bharatiya Nyaya Sanhita, 2023 , be released on ad-interim anticipatory bail, on executing P.R. Bond in the sum of Rs.25,000/- with one solvent surety in the like amount.

ii. The Applicant shall attend the concerned Police Station once in a week i.e. on every Monday between 10.00 a.m. to 01.00 p.m. and shall cooperate with the Investigating Agency.

iii. The Applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case either personally or by way of electronic media.

iv. The Applicant shall not enter into the vicinity of Iqbal Nagar, Buldhana till further orders.

6. Mr. Jawade, learned APP, waives notice for the Non-applicant/State and seeks time to file reply.

7. List the matter after two weeks.

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