IN THE COURT OF SESSION COURT AT THANE COURT

BAIL APPLI. No. Of 2021

IN THE MATTER OF SECTION 439 OF

CR.P.C.

IN

THE OFFENSE WAS REGISTERED WITH

NAVGHAR POLICE STATION IN C. R. NO.
623 OF 2021.

IN

THE ALLEGED OFFENCE PUNISHABLE

U/S 376, 377, 323, 504, 506 r/w 34 OF
THE INDIAN PENAL CODE

Mr Abdul Washim Abdul Jabbar, aged-27 Years]

Indian Inhabitant of Maharashtra, Residing at ]

Behind Kholapuri Gate, Oassad Pura, ]

Daryapur, Amravati, Maharashtra-444803 ]…. Applicant

Versus

The State of Maharashtra ]

(At the instance of Navghar P. Stn) ]…..Respondent

TO,
THE HON’BLE PRINCIPAL JUDGE
OF THANE COURT AND HIS
COMPANION HON’BLE PUISNE
JUDGES

THE HUMBLE APPLICATION OF THE APPLICANT

ABOVENAMED

MOST RESPECTFULLY SHEWETH:-

1. The Applicant/accused is a law-abiding citizen of India and a
permanent resident and domicile of Maharashtra.
2. The Applicant/accused is arraigned as an accused in First
Information Report No. 623 of 2021 lodged with the Respondent
at the instance of Miss. Reshma Raju Mulla for the alleged
offences under section u/s. 376, 377, 323, 504, 506 r/w 34 of
IPC. Hereto the copy of the FIR is annexed and Marked as
“Exhibit-A” for the perusal of this Honble Court.

THE STORY OF PROSECUTION IS THAT ;

A. It is alleged by the complainant in the FIR that the
complainant is B.Com Graduate staying at home along with
her parents and in the year 2019, she created her account on
the matrimonial site name Saadi.com for her marriage.
B. It is further alleged by the complainant that the
accused/applicant gave the proposal to the complainant for
marriage through Saadi.com and thereafter they exchanged
their phone number and started communicating with each
other.
C. It is further alleged that the complainant and the
accused/applicant decided to get married to each other,
therefore in February 2019, the complainant met with the
accused/applicant near to Mira Road station.
D. It is further alleged that the accused/applicant told to the
complainant that he wanted to talk to the complainant in
private thereafter the accused/applicant took the
complainant to Equity Hotel in Bhayandar East and booked
the room. Hereinafter the accused/applicant has removed the
clothes of the complainant and stroked her body.
E. It is further alleged that and the accused/applicant tried to
stop the complainant not to do so by saying that soon we
 would be getting married, hereinafter the accused/applicant
convinced the complainant that nothing will happen.
F. It is further alleged that the accused/applicant has done
forcefully natural and unnatural sex with the complainant
three times in a day, which bothered the complainant and
thereafter the accused/applicant went back to his hometown
at Amravati and hereinafter both the complainant and
accused were in contact through phone.
G. It is further alleged that when the complainant asked about
the marriage than the accused told to the complainant that
his father is not well and admitted his father in hospital in
Aurangabad for medical treatment and demanded the money
from the complainant for his father treatment.
H. It is further alleged by the complainant that, on dated
26/04/2020 the accused/applicant came to Mira Road and
collected the sum of Rs. 1,32,000/- (Rupees One Lakh Thirty-
Two Thousand) from the complainant for the treatment of the
accused/applicant father.
I. It is further alleged that, on dated 12/01/2021 the
accused/applicant again contacted to the complainant and
demanded the money for his father medical treatment from
the complainant and called the complainant to Aurangabad
thereinafter the complainant took mortgaged in her gold
neckless and other pieces of jewellery from HDFC Bank and
balance money from her own saving and reached to
Aurangabad.
J. It is further alleged that the complainant gave a total of Rs.
1,42,000/- (Rupees One Lakh Forty-Two Thousand) to the
accused/applicant in Aurangabad. Thereafter the
accused/applicant took her into Seven Apple Lodge, Nr to
 CIDCO D-Mart in Aurangabad and had unnatural sex with
the complainant.
K. It is further alleged that when the complainant asked about
the marriage with the Accused/applicant then the
accused/applicant was beaten to the complained and
thereinafter the complainant has left and come back to
Mumbai.
L. It is further alleged that, on dated 28/02/2021, the
accused/applicant came to Mira Road, Mumbai to meet the
complainant and demanded the mobile from the complainant
thereafter the complainant purchased OPPO Mobile and gave
to the accused/applicant.
M. It is further alleged by the complainant that, dated
16/08/2021 the accused came back to Mira Road to meet to
the complainant. It is further alleged that the accused called
to the complainant in Equity Hotel in Bhayandar. There the
complainant asked about the marriage to the
accused/applicant. Thereafter the accused/applicant gave
assurance to get married in a few days and thereafter had
done natural and unnatural sex with the complainant. It is
further alleged that when the complainant saw a mehndi in
the accused/applicant hand. She was sceptical of him as the
accused was avoiding the marriage.
N. It is further alleged that, on dated 27/08/2021 at 4 pm the
complainant left Borivali and reached Daryapur, the
accused/applicant home town on dated 28/08/2021 where
the complainant found that the accused was already married
to a girl named Sanjida on dated 05/08/2021.
O. It is further alleged that, when the complainant told the
accused family that the accused cheated her, thereafter the
accused and accused mother Rehana Bano beaten to the
 complainant and also threaten the complainant to kill her. It
is further alleged by the complainant that when the
complainant told the accused family that she would complain
about the accused and his family then the accused
threatened the complainant to viral her half-naked photos.
P. Therefore, on dated 31/08/2021 the complainant had given
the complaint to the Kasimira Police Station and transferred
to the Navghar Police station.
Q. Therefore, this present First Information report comes into
the picture registered with Navghar Police Station for the
offence punishable under section 376,377,323, 504, 506 r/w
34 of the Indian Penal.
G R O U N D S:-

1. That the Applicants is innocent and has been falsely

implicated in the alleged offence.

2. There is no cogent or positive evidence to connect the

Applicant with the alleged offences;

3. That the Applicants has not committed any offence of

whatsoever nature much less the offence mentioned in the
F.I.R.

4. That Complainant has alleged that she has given a huge

amount to the applicant in cash but complainant failed to
produce any document of transaction its shows that it is
concocted and afterthought story to just take revenge from
the applicant.

5. That Complainant stated that in the FIR that she had met the
accused first time in Mira road but in real scenario applicant
was present in daryapur and he is a doctor by profession, he
was treating a covid patient at daryapur and the national
lockdown was announced by the Government of India,
 therefore statement given by the complainant is it's self
doubtful.

6. That, present Applicants having permanent residence of

Daryapur and name of the Applicant is implicated with
malafide intentions. Here to the Copy of the Aadhar Card is
annexed and Marked as “Exhibit-D.”

7. The Applicants Shall cooperate in all possible ways and All

Applicants are ready to attend the police station as and when
required.

8. The Applicants are ready and willing to abide by all the

conditions that may be put by this Hon’ble Court if released on
bail.

9. That Applicant is the hole and sole earning member of his

family and their parents is suffering from serious illness and
applicant is the only person to take of their family, therefore
on the humanitarian ground his bail application may be
considered by this honble court at any terms and condition
deem fit by this Honble court.

10. That applicant is a doctor by profession and he was engaged

as a doctor to treat the covid patient so therefore his bail
application may be considered by this Honble court.

11. The Applicants are respectable person and has been falsely
implicated in the alleged offence. In such circumstances in the
case, if Bail will not be Granted by this Honble then applicants
shall suffer heavy and irreparable loss which cannot be
compensated in terms of money.

12. That, Applicants, are a permanent resident of the address

mentioned above as such unlikely to jump bail if granted.
13. The Honble Apex Court in the case of Sidhram Mhatre Vs
The states of Maharashtra wherein Honble Apex court held
as that if there is some doubt with regards to the genuineness
of the case of the prosecution, then grant of bail rules.

14. The Honble Apex Court in the case of STATE OF

RAJASTHAN V. BALCHAND ALIAS BALIYA in 1978. ‘Bail is
ruled, jail is an exception is a legal principle that was laid
down by The judgement was based upon several rights that
have been guaranteed by the Constitution of India with Article
21 being the most important one. The Detention of an
individual infringes his right to life and liberty as guaranteed
under Article 21 of the Constitution of India. The main
purpose of detention is to ensure easy proceedings by availing
the accused for the trials without any inconvenience. Thus, if
it can be ensured that the accused will be available as and
when required for the trial, then, detaining the person is not
necessary. Therefore, it was held that the provisions of
the Criminal Procedure Code, 1973 (CrPC) regarding the arrest
of an individual must be interpreted in a sense that unless
indispensable, detention of a person must be avoided. 

15. The Applicants states that they are not filed any other
application appeal or revision in any other Court touching the
subject matter of the present application.

IN THE CIRCUMSTANCES, THE APPLICANTS PRAYS THAT:

a. To release the Applicants on bail in connection with C.
R. No. 623 of 2021 registered with Navhgar Police
Station in the event of his arrest in connection with the
said offence on such terms and conditions as this
 Hon’ble Court deems fit and proper in the facts and
circumstances of the case;
b. To pass any such other and further Orders as Your
Lordship deem fit and proper in the facts and
circumstances of the case.

Place: Thane

DATE: 10/11/2021

ADVOCATE FOR THE APPLICANT

 IN THE COURT OF LD SESSIONS AT

THANE

ANTICIPATORY BAIL APPLN. NO.

OF 2021

Mrs Abdul Wasim Abdul Jabbar

…………. ] Applicant

vs.

The State of Maharashtra

…………].Respondent

***********************************************************

(APPLICATION FOR BAIL)

***********************************************************

INDRESHKUMAR TIWARI
Advocate for Applicants
Office No.7, Sonam Aagan Building,
Near Mahalaxmi Sweet, New Golden
Nest, Bhayander East, Thane-401105.
Email-itiwari82@gmail.com
Mob-9702431506
I Code-I27730
Reg No-MAH/4669/201
Indreshkumar
v. tiwari
Advocate High Court, Bombay
Mob-9702431506
Itiwari82@gmail.com
Police Station-Navhgar PS
IN THE COURT OF LD SESSIONS COURT AT THANE

BAIL APPLN. NO. OF 2021

Mrs Abdul Wasim Abdul Jabbar ……….. ] Applicant

vs.

The State of Maharashtra ………… ].Respondent

LIST OF DOCUMENTS

Serial No Descriptions Page No

1 “Exhibit-A” is the Copy of the
FIR
2 Exhibit-B is the Copy of the

3 Exhibit-C is the Copy of the

7 Vakalatnama
8

Advocate for Applicant