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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO.1476 OF 2022

Sairan Nayab Khan

..

Applicant

Versus

State of Maharashtra

..

Respondent

…

Mr.I.A.Khan for the Applicant.

Mr.S.V.Gavand, A.P.P. for the State/Respondent.

...

CORAM: BHARATI DANGRE, J.

DATED : 06^th JUNE 2022

P.C:-

1.

Heard the learned counsel for the applicant and the

learned APP for the State.

2.

My attention is invited to the order passed by the

learned Additional Sessions Judge, Thane on 20/04/2022

whereby the bail application was partly allowed. Barring the

present applicant, the application of the remaining accused

persons came to be allowed and they were directed to be

enlarged on bail in the event of their arrest, with a direction to

co-operate with the investigating agency.

M.M.Salgaonkar

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As far as the present applicant is concerned, since the

complaint refers to her conduct of raising hue and cry in the

police station and when she kept on asserting that she was

assaulted, though she was not, and looking to her conduct in

causing obstruction to the police, when they started

investigation, was the ground which prompted the learned

Judge to reject her application.

Her objectionable behaviour, specifcally making out

prima facie case under Section 353 of the IPC, is a ground for

not extending the beneft of being released on bail, which is

extended to the other accused. Amongst the Sections invoked

in C.R.No.68 of 2022, only Section 353 is non bailable.

3.

On perusal of the complaint and the nature of

accusations levelled against the present applicant, particularly

in the light of a complaint fled by the applicant herself, which

is also registered with the same police station vide C.R.No.66

of 2022 invoking Sections 323, 324, 452, 506 read with

Section 34 of the IPC and also Section 504, no custodial

interrogation of the applicant is warranted. This is, however,

subject to the stipulation that she will render her co-operation

with the police machinery and will not behave in an unruly

manner, which is an act attributed to her.

M.M.Salgaonkar

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: ORDER :

(a)

Application is allowed.

(b)

In the event of arrest in connection with

C.R.No.68 of 2022 registered with Uttan Sagari Police

Station, applicant-Sairan Nayab Khan shall be released on

bail on furnishing P.R. bond to the extent of Rs.25,000/-

with one or two sureties of the like amount.

(c)

The applicant shall attend the police station on

every Thursday and Friday between 3.00 p.m. to 5.00

p.m. for a period of two weeks and, thereafter, as and

when called for.

(d)

The applicant shall not directly or indirectly

make any inducement, threat or promise to any person

acquainted with facts of case so as to dissuade him from

disclosing the facts to Court or any Police Offcer and

should not tamper with evidence.

( SMT. BHARATI DANGRE, J.)

M.M.Salgaonkar