Faisal Shabbir Ahmed Momin v. State of Maharashtra and Anr.
Case brief
What is this about?
Regular bail allowed under Section 483 BNSS; indictment under Section 69 Bharatiya Nyaya Sanhita 2023 (C.R. No. 1282 of 2024, Shil-Daighar Police Station; Section 376 IPC referenced); applicant and prosecutrix both adults, married with children, known to each other and in a prior live-in relationship; prosecution statement evidencing affinity/nature of relationship; Supreme Court authorities applied: Pramod Suryabhan Pawar [2019] 11 S.C.R. 423; Biswajyoti Chatterjee 2025 SCC OnLine SC 741; P.R. bond Rs. 25,000 with provisional cash bail; bail conditions incl. monthly trial-court presence and no exit from Maharashtra; cancellation clause under Section 439(2) Cr.P.C.; observations limited to bail only; Bombay High Court, Milind N. Jadhav, J.; BA No. 1285 of 2025.
What did the court decide?
Regular bail granted: release on furnishing P.R. Bond of Rs. 25,000/- with one or two sureties in the like amount, with provisional cash bail of Rs. 25,000/- permitted immediately and sureties to be furnished within four weeks; conditions include furnishing residence address before release, reporting to the Investigating Officer as called, attending the trial Court on the first Tuesday of every month (next working day if holiday), co-operating with the trial and not seeking unnecessary adjournments, not leaving Maharashtra without prior permission of the Trial Court, and not influencing witnesses or tampering with evidence; infraction or two consecutive defaults in marking attendance attracts Section 439(2) Cr.P.C. (cancellation of bail). Fees directed to be paid to the Legal Aid-appointed advocate for Respondent No. 2 by the High Court Legal Aid Services Authority as per rules.