10.aba.1367-21.doc

Diksha Rane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO.1367 OF 2021

MUSKAN KHATOON W/O MD. RIZWAN

ANASARI

..APPLICANT

VS.

THE STATE OF MAHARASHTRA

..RESPONDENT

------------

Mr. S. G. Rajput a/w. Mr. Shubham Kalbere.

Mr. S. V. Gavand, APP for State.

Mr. Palande, PSI, Dr. D. B. Marg Police Station.

------------

CORAM : M. S. KARNIK, J.

DATE : NOVEMBER 25, 2022.

P.C. :

1.

Heard learned counsel for the applicant and learned

APP.

2.

This is an application for pre-arrest bail in connection

with the offence punishable under Sections 419, 420 read

with 34 of the Indian Penal Code read with Sections 66C

and 66D of the Information Technology Act, 2000 registered

vide C.R.No.155 of 2020 with the Dr. D. B. Marg Police

Station.

3.

Learned APP submits that though the Investigating

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DIKSHA

DINESH

RANE

Digitally

signed by

DIKSHA

DINESH

RANE

Date:

2022.11.25

18:39:33

+0530

10.aba.1367-21.doc

Officer wanted to serve the notice under Section 41A Code

of Criminal Procedure (hereafter ‘the Cr.PC’ for short) on the

applicant, but as the applicant was not available, the notice

could not be served.

4.

Learned counsel for the applicant submitted that the

main accused have been arrested and she has nothing to do

with the present offence. Learned counsel further submitted

that she is willing to co-operate with the Investigating

Officer.

5.

Learned APP submits that the applicant is from

Jharkhand. Learned APP further submits that the applicant

should attend the Investigating Officer on December 22,

2022. So far as other accused are concerned, the

chargesheet has already been filed.

6.

Learned counsel for the applicant assures that the

applicant would present herself before the Investigating

Officer on December 22, 2022, between 11.00 a.m. and

1.00 p.m. when she will accept the notice under Section

41A of the Cr.PC. The applicant will co-operate with the

investigation. In case the Investigating Officer wants to

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10.aba.1367-21.doc

effect arrest if he feels that arrest is imperative in the wake

of the reasons recorded by him, he may effect the arrest

after giving 72 hours notice in advance to the applicant. The

applicant to furnish the details of her residential address

and contact numbers to the Investigating Officer.

7.

The application is disposed of.

(M. S. KARNIK, J.)

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