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IN THE HON’BLE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMIAL APPELLATE JURISDICTION

BAIL APPLICATION NO. OF 2024

DIST: NASHIK

Rehan Ah. Ashfaque Ah.@ Chorwa …Applicant

Versus

The State of Maharashtra & Anr

( Through City Police Station
Malegaon, Nashik) …Respondents

INDEX

Sr. Particulars Page

No. No.
1. Index
2. Synopsis
3. Copy of Bail Application
4. Exhibit- A
Copy of the Charge sheet.

5. Exhibit- B Colly
Copy of the Order dated 16.03.2024
& 01.04.24 passed by the Hon’ble
Addl. Sessions Judge, Malegaon,
District-Nashik.

6. Exhibit- C
copy of medical certificate of the
applicant diagnosed with Kidney
Stone.

7. Vakalatnama
Last Page
Place: Mumbai;

Date:

Advocate for the Applicant

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IN THE HON’BLE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMIAL APPELLATE JURISDICTION

BAIL APPLICATION NO. OF 2024

DIST: NASHIK

Rehan Ah. Ashfaque Ah.@Chorwa …Applicant

Versus

The State of Maharashtra & Anr

(Through City Police Station
Malegaon, Nashik) …Respondents

SYNOPSIS

The Applicant by filing the present application in this Hon’ble Court

seeks to invoke power vested with this Hon’ble Court under Section
439 of the Code of Criminal Procedure and inter-alia prays for
release on bail in connection with CR No. 03 OF 2024 registered at
City Police Station Malegaon, Nashik u/s. 306, 384,385,500,506 &
r/w.34 of Indian Penal Code, 1860. The Applicant came to be
arrested on 06.03.2024. Thereafter, the Applicant approached the
Hon’ble Sessions Court, at Nashik for seeking Bail, but the Hon’ble
Court was pleased to reject the said Bail Application vide Order
dated 16.03.2024. After the investigation been completed and the
charge sheet filed by the respondent the Applicant for the 2nd time
approached the Hon’ble Session Court, at Nasik on the ground of
change in circumstances for seeking Bail, but the Hon’ble Court was
pleased to reject the said Bail Application vide Order dated
02.04.2024. Hence, this application.

POINTS TO BE URGED:
As set out in the application.

ACTS APPLICABLE:

1. Indian Penal Code

2. Criminal Procedure Code

Others, if any, with leave of this Hon’ble Court.

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JUDGMENTS APPLICABLE:

As cited in the aforesaid application and further shall be

produced at the time of hearing of the application.

Place: Mumbai

Date: Advocate for the Applicant

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IN THE HON’BLE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMIAL APPELLATE JURISDICTION

BAIL APPLICATION NO. OF 2024

DIST: NASHIK

In the matter under section 439 of

Criminal Procedure Code.

And

In the matter of FIR bearing NO. 03 OF

2024 registered with City Police Station
Malegaon, Nashik for alleged offence
punishable u/s. 306, 384,385,500 and
506 r/w. 34 of Indian Penal Code,1860
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Rehan Ah. Ashfaque Ah.@Chorwa )

Aged 37 years, Occ: Labour, )

Residing at: Arab Chowk, Naya Pura, )

Tal: Malegaon, District: Nashik ) …Applicant

-Versus-

1) State of Maharashtra )

Through Public Prosecutor, )

At the instance of City Police Station, )

Nashik in CR NO. 03 OF 2024 ) …Respondent No. 1

2) Mr. Masood Iqbal Mohiuddin )

R/at : 1169, Galli No. 9, Islampur, )

Tal: Malegaon, District: Nashik ) …Respondent No. 2/

Org. Complainant

TO,

THE HON’BLE CHIEF JUSTICE AND

AND OTHER HON’BLE PUISNE JUDGES

OF THE HON’BLE HIGH COURT OF

JUDICATURE AT BOMBAY

HUMBLE APPLICATION OF THE

APPLICANT ABOVENAMED UNDER
SECTION 439 OF CR.P.C. FOR BAIL.

MOST RESPECTFULLY SHEWETH:

1. The Applicant came to be arrested on 06.03.2024 and

thereby filing this present application in this Hon’ble Court
seeks to invoke power vested with this Hon’ble Court under
Section 439 of the Code of Criminal Procedure in connection
with C.R. No. 03 of 2024 registered with City Police Station
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Malegaon, Nashik for alleged offence punishable under
sections 306, 384, 385, 500, 506 r/w. 34 of Indian Penal Code,
1860. The Respondent No. 1 is the State of Maharashtra and
the Respondent No. 2 is the Original Complainant in this
matter.

2. It is really not necessary to burden the present application

with several other details and so also the prosecution story in
detail, as the same has been mentioned and set out in the FIR
registered with the Respondent No. 1, however, in nutshell are
as under:-
a. The Complainant has lodged a complaint against

the Applicant and other co-accused with City

Police Station Malegaon, Nashik under sections

306, 384, 385, 500, 506 r/w. 34 of Indian

Penal Code, 1860.

b. The complainant is the brother of the deceased

his younger brother named Faujal Ahmed

Moiuddin aged 28 years has died due to

suicide. He was working in Power Loom and

was married two years ago and has a

daughter.

c. The Complainant gotten to know from people

in his ward that Sumayya and his younger

brother named Faujal Ahmad Moiuddin were

having a love affair.

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d. It is alleged on 16/12/2023 around 06.00 PM

my brother Faujal Ahmed came home from his

work as usual and his little girl went outside to

relax as usual on the upper floor of the house.

Then around 11.00 pm he did not come down

so we called him. When his wife Ayesha Banu

was gone, he did not open the gate of the

room, so at that time we called other people

of the house and when we opened the gate of

the house, we noticed that Faujal Ahmed had

hanged himself.

e. It is alleged that the deceased and the said girl

were in a physical relationship and they

recorded their sexual act in the mobile phone

with each other’s consent. The accused

persons obtained the said video clips through

WhatsApp of sexual act and showed the same

to the father of the girl.

f. Thereafter, under threat of making viral the

said video clips , the accused persons extorted

Rs. 2,00,000/- from the father of the girl. Even

thereafter, they demanded more money from

Ashpak the father of the girl and the deceased.

However, they did not give them money.

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g. Therefore, the accused persons made the said

video clips viral on social media and defamed

the deceased, the said lady and her father

Ashpak Ahmed. Due to the demand of money

made by the accused persons and under the

fear of further defamation in the society, the

deceased committed suicide.

h. Thereafter, the Complainant lodged the report

to C i t y Police Station, Nashik against the

Accused persons C.R. No. 03 of 2025 came to

be registered against the accused for the

offence punishable under sections 306, 384,

385, 500 and 506 r/w. 34 of Indian Penal Code,

1860.

i. That the present Applicant came to be arrested

on 06.03.2024 in connection with C.R. No. 03 of

2024 dated 16.12.2023 registered with City

Police Station, Nashik by the Complainant. The

Chargesheet came to be filed in this matter by

the Respondent No.1.

Hereto annexed and marked as Exhibit-

A is the copy of the Charge sheet.

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j. Thereafter, the Applicant approached the

Hon’ble Addl. Sessions Court, Malegaon,

District-Nashik for seeking Bail, but the

Hon’ble Court was pleased to reject the said

Bail Application videOrder dated 16.03.2024.

Hereto annexed and marked as Exhibit- B

is the copy of the Order dated 16.03.2024

passed by the Hon’ble Addl. Sessions

Judge, Malegaon, District-Nashik.

k. Thereafter, the Applicant approached the

Hon’ble Addl. Sessions Court, Malegaon

District-Nashik after the completion of

investigation on the ground of change in

circumstances for seeking Bail, but the Hon’ble

Court was pleased to reject the 2nd Bail

Application vide Order dated 01.04.2024.

Hereto annexed and marked as Exhibit- B

Colly is the copy of the Order dated

01.04.2024 passed by the Hon’ble Addl.

Sessions Judge, Malegaon, District-

Nashik.

3. Therefore, the Applicant has preferred the present

Application on the following amongst other grounds

which are all without prejudice and in the alternative from

each other:-
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GROUNDS

i. The Applicant states and submits that, the Applicant is

an innocent person and has been falsely implicated in
the alleged offence as he has nothing to do with the
instant crime.

ii. The Applicant states and submits that, the present case
is a concocted case. And upon mere reading of the FIR
it reveals that the present Applicant is not named in the
FIR nor any role has been ascribed against the applicant
in the FIR.

iii. That there is an unexplained inordinate delay of 19 days

in filing of the said FIR as the alleged incident initiated
on 16.12.2023 and the present FIR was filed on
04.01.2024. Thus, it is crystal clear that the present case
has been filed with the ulterior motive of dragging the
Applicant in the present case.

iv. It is pertinent to note that applicant has been implicated

in the matter only on the basis of disclosure statements
made by the co-accused persons under Section 27 of the
Indian Evidence Act. There is nothing else on record
against the applicant except the disclosure statements
of co-accused persons. The disclosure statements made
by the co-accused persons are inadmissible in evidence
and there is no legal and admissible evidence against the
Applicant.

v. The essential ingredients of the offence under Section

306 IPC are: (i) the abetment; (ii) the intention of the
accused to aid or instigate or abet the deceased to
commit suicide. There was no intention nor the applicant
instigated the deceased for committing suicide. The
ingredients of instigation/abetment to commit suicide
are not present on part of the present Applicant.
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vi. The Applicant states and submits that though the
Applicant has arraigned as an accused in serious
offences, however, fact remains that he has not
committed any offence as alleged by the prosecution and
further there is no iota of evidence with regard to
commission of offences by the Applicant by virtue of
which, the aforesaid serious sections leveled against
Applicant.

vii. The Applicant submits that he had undergone medical

test such as sonography on the recommendation of his
doctor wherein he has developed certain health problem
of advanced kidney stone.
Hereto annexed and marked as Exhibit- C is the
copy of medical certificate of the applicant
diagnosed with Kidney Stone.

viii. Nothing is yet to be recovered or discovered at the

instance of the present Applicant.

ix. The Applicant states and submits that, all the allegations
made in the impugned FIR, even if taken at face value,
do not disclose the name of the applicant neither
commission of any offence by the Applicant.

x. The Applicant is a 37 year-old man and the only earning

member of his house. Hence, further incarceration of the
Applicant with the company of the hardcore criminals will
not only hamper his career but will also affect his
psychological aspects in life.
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xi. That the interest of investigation does not requires or
justifies further detention of the present Applicant at this
stage.

xii. That, it is further well settled principle of law and the

Hon’ble Apex Court in its catena of decisions held that
personal liberty is a very precious fundamental right and
it should be curtailed only when it becomes imperative
according to the peculiar facts and circumstances of the
case.

xiii. That, the consequences of pre-trial detention are grave

and accused presumed innocent arc subjected to the
psychological and physical deprivations of jail life,
usually under more onerous conditions than are imposed
on convicted accused. Equally important, the burden of
his detention frequently falls heavily on the innocent
member of his family.

xiv. Further incarceration of the Applicant is not required.

xv. Charge sheet has been filed and Investigation is

completed.

xvi. The Applicant has no criminal antecedents.

xvii. In view of the aforesaid, it is crystal clear that

Applicant/Accused is falsely implicated in the alleged
offence, as he has not committed any offence astried to
be projected by the prosecution with false storyand the
investigating agency/police personal without

applying their mind pressed into server offences against

the Applicant/Accused.
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xviii. That the Applicant has been residing along with his
family at the address as mentioned in the cause title of
the present application and thus, he has deep roots in
the society and hence, there is no possibility of
absconding and/or running away from the course of
justice.

xix. That, the Applicant is ready and willing to co-operate

with the investigating agency and to abide by all the
reasonable terms and conditions which this Hon’bleCourt
may impose while granting bail.

xx. That, the Applicant is ready to furnish surety to the

satisfaction of this Hon’ble Court at the time of granting
bail by this Hon’ble Court by exercising powers vested
with this Hon’ble Court;

xxi. That, the Applicant hereby undertakes that he will not

jump the bail nor he will abuse the favour of bail shown
to him and he further undertakes that he will not tamper
with the evidence/witness even after granted bail.

6. The Applicant states that he has not filed any other petition
and/or application, either in this Hon’ble Court or in any other
court(s) of India, touching the subject matter of the present
application, save and accept what has been stated
hereinabove.
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7. The Applicant craves leave of this Hon’ble Court to add,
alter, amend, delete and/or rescind any of the aforesaid
averments and/or submissions mentioned hereinabove, with
the leave of this Hon’ble Court.

Under these facts and circumstances, the Applicant therefore,

most humbly prays:

(a) That this Hon’ble court may be pleased to grant Bail to the
Applicant in CR No. 03 OF 2024 registered at City Police
Station, Nashik under sections 306, 384, 385, 500, 506
r/w. 34 of Indian Penal Code, 1860 on such suitable terms
and conditions as this Hon’ble court may deem fit to impose,
in the circumstancesof the case.

(b) That this Hon’ble court may be pleased to release the

Applicant on Interim Bail in CR No. 03 OF 2024 registered at
City Police Station, Nashik under sections 306, 384, 385, 500,
506 r/w. 34 of Indian Penal Code, 1860 on such suitable
terms and conditions as this Hon’ble court may deem fit and
proper;

(c) That this Hon’ble Court be pleased to dispense with the

verification of the Applicant as he is presently in judicial
custody;

(d) Ad-interim relief in terms of prayer (b) be granted;

(e) Any other and further order and or direction as the nature
and circumstance of the case may require.

AND FOR THIS ACT OF KINDNESS THE APPLICANT

SHALL AS IN DUTY BOUND EVER PRAY

Place: Mumbai
Date:

Advocate for the Applicant