IN THE COURT OF SESSION JUDGE, THANE,

AT – THANE

ANTICIPATORY BAIL APPL. NO. ………./2014

IN
CR. NO. I- 211/2014 OF NARPOLI POLICE
STATION FOR OFFENCE U/s. 420, 465,
467,468,471, 504 & r/w 34 OF IPC.

1) AKHTAR ABDUL KHALID MOMIN

Age – 48 years, Occ. – Worker,
Both R/At. – H. No. 25, 1st floor,
Momin Aprt, Islampura,
Bhiwandi .... APPLICANT

V/S

THE STATE OF MAHARASHTRA

(Through Narpoli Police Station) ..... OPPONENT

1
 AN APPLICATION OF THE
APPLICANTS FOR SEEKING
DIRECTIONS U/S. 438 OF Cr.P.C.

MAY IT PLEASE YOUR HONOUR,

1. That the Applicant above named are permanent

residence at given their address, were he residing with
his family members consisting of parents and other
relatives.
2. The applicant is the worker of the power loom in
bhiwandi locality.

3. The applicant belong to the respectful Islamic

family. They have clean past, there are no antecedent to
there discredit like pendency of any criminal case or
previous conviction.

4. By virtue of being as above the applicant

command good reputation and image in the society at
large and in the community to which they belong.

5. The police attached to Narpoli Police Station

have been calling the applicant at the police station of
the purpose of interrogation since 29/05/2014.

6. The Prosecution story briefly stated is as under :-

a) The complainant Mr. Jagdish Prasad Jogani stated
to the police on 22/05/2014 he is the owner of the
chauthani compound, kamat ghar, gala no. 4 & 5
since 1985 – 1986. The said properties are gave to
rental basis one Mr. Deepak saravagi & second Mr.
Ashish Saravagi for the caring of power loom. The

2
 meter of that room name by Mr. Purushottam
Jogani. The above said two persons was caring
there business that time meter bill on 2008
M.S.E.B. & Toranto power Ltd. bill is Rs. 4,50,000
was not paid to the above said persons.

b) It is alleged that, both the co-accused persons was

sold the machines. When the complainant going to
there office & told them to deposit the pending bill
about the power looms that time the both co-
accused told to the present complainant that we
have going to the settlement & paid to the light bill
but till today they didn’t have paid to the light bill

c) It is alleged that, on 2011 the both persons give to

the separate connection in gala no. 104 on Torento
Power Ltd. When the present complainant going
to the power loom that time he seen to the one
Torento Power Ltd. companies light bill & he seen
one muslim name on that bill receipt that time the
complainant going to the Torento Power office &
take the information that time Mr. Deepak
Saravagi who is caring in loom business in gala no.
104 he gave the seprete connection to the name of
Mr. Akhtar Abdul Khalik Momin. When The
complainant received the information he go for the
house of Mr. Deepak saravagi & told him that time
Deepak Saravagi said “ Maine Banavat Kagajat
Banake Naya Meter Connection Liya Hai” & he
abused me “ idhar Baad Main Aneka Nahi Agar Tu
Badme Galeme Aya Toh Dono Pairr Tod Dunga”
that time the complainant was shocked & going to
the Torento Power Co. office & filed the RTI Act
to demanding the papers which is produce by Mr.

3
 Deepak Saravagi & Ashish Saravagi for taking at
the time of new meter connection to produce the
documents to the muslim persons.

d) The complainant further sate that before the 2011

Mr. Deepak Saravagi & Mr. Ashish Saravagi has
been cheat to me they have prepared false
document & produce Bhiwandi Nizampura
Mahanagar Palika & give the false tax receipt &
that tax receipt filed the Torento Power co. &
taking the meter connection by name of Mr. Akhtar
Abduk Khalik Momin & lastly the complainant
going to the Narpoli Police Station & loged the
complaint against the two brothers & present
applicant hence the prosecution story.

7. Under these circumstances the applicant

reasonably apprehended their arrest, most respectfully
preferred this application U/s. 438 on the following
grounds :-

GROUNDS
i) The applicant are innocent have committed no
crime as alleged by the complaint and they have
been falsely implicated in the crime and suspicious
and ulterior motive.

ii) The offence against alleged applicant is not

punishable with death nor with life imprisonment,
hence bar put by sec. 437 Cr.P.C. will not come in
their way for considering prayer for bail.

iii) It is pertaining to note that, the offence was not

known.

4
iv) It is pertaining to note that, the applicant is not
tenant or any concern above the in respect of gala
no. 104 & house no. 492, kamat ghar, Bhiwandi.

v) It is pertaining to note that, there is no specific date

in the whole FIR to shows that when complainant
is got the knowledge about cheating & fraud so on
the law is settled law doesn’t follow the delay of
the FIR.

vi) It is alleged that, the complainant himself told

only for two persons cheating & fraud to him on
the contrary on present complainant issued a legal
notice dt. 14/08/2013 & both the two co-accused
replied on 10/10/2013. It means the dispute
between the complainant & above two co-accused
is purely of civil nature.

vii) It is pertaining to note that, the present applicant

going to the Mr. Deepak Saravagi office on 2010
after or before that time Mr. Deepak Saravagi was
not present in his office. The clerk of Mr. Deepak
Saravagi’s demand to the ID proof, Address proof
& one passport size photo.

viii) It is alleged that, after 2-3 days I have going to that

office to submit the above said papers that time the
same clerk was told the present applicant our sir
was coming in office that time they have taking
your interview ,you can go now.

ix) It is alleged that, that after 4 to 5 times I am going

to meeting Mr. Deepak Saravagi but he didn’t meet

5
 me every time I come back then I was not going
from there.

x) It is pertaining to note that, I was working in

Bhiwandi, Naigaon Village to caring power loom
machines since 4 years & my monthly salary is Rs.
8,000/- only.
xi) It is pertaining to note that, the co-accused Mr.
Deepak Saravagi have taking a regular bail in
lower court, Bhiwandi & co-accused Mr. Ashish
Saravagi was taking a anticipatory bail in this
Hon’ble court. That A.B.A No. ........./2014. It
means the prime accused was released on bail. So I
may be release on bail.
xii) The applicants undertake to abide with the terms
they may be impose by this Hon’ble Court &
further to co-operate with the police for the
purpose of interrogation.

xiii) In the event of arrest the applicant are likely to lose

the reputation and image in the eyes of society.

8. This is the first bail application, the application

have not preferred any other application of this kind
either in this Hon’ble Court or in Hon’ble High Court of
Mumbai.

9. That The Applicant therefore most respectfully prays –

a) That the application be admitted.

b) The your honour may be pleased to direct the

officer incharge of investigation in Cr. No. I-

6
 211/2014 of Narpoli Police Station for offence
U/s. 420, 465, 467, 468, 471, 504, r/w 34 of I.P.C.
to enlarge the applicants on bail in the event of
arrest in the same or such term, your honor may
deem fit.

c) An interim anticipatory bail may please be granted

in terms of prayer (b) above.

AND FOR WHICH ACT OF KINDNESS FAVOUR THE

APPLICATION AS IN DUTY BOUND SHALL EVER PRAY.

Filed in Court
On : 03/06/2014

Applicant

Advocate for Applicant

7
IN THE COURT OF SESSION JUDGE, THANE,
AT – THANE

ANTICIPATORY BAIL APPL. NO. ………./2014

IN
CR. NO. I- 211/2014 OF NARPOLI POLICE
STATION FOR OFFENCE U/s. 420, 465, 467,
465, 468,471, 504 & r/w 34 OF IPC.

1) AKHTAR ABDUL KHALID MOMIN

Age – 48 years, Occ. – Worker,
R/At. – H. No. 25, 1st floor,
Momin Aprt, Islampura,
Bhiwandi .... APPLICANT

V/S

THE STATE OF MAHARASHTRA

(Through Narpoli Police Station) ..... OPPONENT

AN APPLICATION OF THE
APPLICANT FOR INTERIM
ANTICIPATORY BAIL.

MAY IT PLEASE YOUR HONOUR,

1) That the applicant has preferred an application U/s. 438

OF Cr.P.C. today, in this Hon’ble Court for seeking
direction.

2) That the application of the applicant is based on legal

grounds of merits and that they hope to succeed in the

8
 same on merits. However, pending hearing and final
disposal of this application may take about two weeks
time. If the applicant are arrested, during the pendency,
The various propose of filling an application for
anticipatory bail will be frustrated.

3) That in the circumstances, it is just necessary and in the

interest of justice to grant interim anticipatory bail in
favour of the applicants, during pendency.

4) That the applicant adopt the contents and grounds stated

in the application U/s 438 of Cr.P.C. for the purpose of
this application.

5) That an affidavit of applicant in support of this

application is filed herewith.

6) That it is therefore prayed that, your honour may be

pleased to grant interim anticipatory bail in favour of the
applicant in term of prayer (B) of main application U/s.
438 of Cr. P.C.

AND FOR WHICH ACT OF KINDNESS FAVOUR THE

APPLICATION AS IN DUTY BOUND SHALL EVER PRAY.

Filed in Court
On : 03/06/2014
Applicant

Advocate for Applicant

9
IN THE COURT OF SESSION JUDGE, THANE,
AT – THANE

ANTICIPATORY BAIL APPL. NO. ………./2014

IN
CR. NO. I- 211/2014 OF NARPOLI POLICE
STATION FOR OFFENCE U/s. 420, 465,
467,468,471, 504 & r/w 34 OF IPC.

1) AKHTAR ABDUL KHALID MOMIN

Age – 48 years, Occ. – Worker,
R/At. – H. No. 25, 1st floor,
Momin Aprt, Islampura,
Bhiwandi .... APPLICANT

V/S

THE STATE OF MAHARASHTRA

(Through Narpoli Police Station) ..... OPPONENT

AN AFFIDAVIT OF THE
APPLICANT NO. 1.

AFFIDAVIT

10
 I Akhtar Abdul Khalid Momin, Age – 48, years, Occ. –
worker, R/At. – H. No. 25, 1st floor, Momin Aprt, Islampura,
Bhiwandi, do here by state on solemn affirmation as under;

1) I state that, I have preferred an application for seeking

directions U/s. 438 of Cr.P.C in this Hon’ble Court today
alongwith an application for interim anticipatory bail, the
contents where true and correct.

2) I state that, I have not concern about that offence. I have

not cheat & fraud to the present complainant

3) I state that, I have going to the Mr. Deepak Saravagi’s

office for my job purpose that time the clerk of that office
demanding me ID proof, Address proof & one passport
size photo for the purpose of fill-up the job application.

4) I state that, thereafter I was going to 4 to 5 times that

office to meeting for Mr. Deepak Saravagi but he did not
meet me.

5) I state that, thereafter I did not go to that office till today.

6) I state that, the police of Narpoli Police Station Calling

me since 29/05/2014 for the purpose of interrogation

7) I state that, I undertake to co-operate with the police for

the purpose of the interrogation and further abide with
the terms.

8) I state that, my reputation and image in the society and

community will be seriously damage in the event of our
arrest.

11
9) I state that, I have filed the ad-interim bail application
which is protect to me to the till final arguments date.

10) Whatever stated above in this affidavit in paras no. 1 to 9

are true and correct to the best of my knowledge, belief
and information.

Solemnly affirm at Thane this 03th day of June, 2014.

Identified, read over &

explained in marathi by me.

Deponent / Applicant

Advocate

12
 VERIFICATION
I Akhtar Abdul Khalid Momin, Age – 48 years, the
applicant abovenamed, do here by state on solemn affirmation
that whatever stated above in this affidavit is true and correct to
the best of my knowledge, belief and information.

Filed in the Court

On : 03/06/2014 Deponent / Applicant

Advocate for the applicant

13