Zainab Bano Zakir Sayed vs the State of Maharashtra

903-aba-165-26.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 165 OF 2026

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Zainab Bano Zakir Sayed …Applicant V/s.

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The State of Maharashtra ...Respondent.

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Ms Jennifer Sagayarajan i/b Adv. T.R. Patel for the Applicant. Mr. B. V. Holambe Patil, APP for the Respondent/State. API Sachin Bhosle, Malwani Police Station is present.

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CORAM : N.R. BORKAR, J. DATE : 20.01.2026.

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P.C. :

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This is an application for anticipatory bail.

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The applicant is apprehending her arrest in Crime No. 24 of 2026 registered at Malwani Police Station for the offences punishable under Sections 308(6), 308(7), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

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It is the case of the prosecution that the applicant and other co-accused had filed the false cases against the family members of the first informant. It is alleged that they threatened to file more false cases and extorted Rs.8,63,000/-.

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I have heard the learned counsel for the applicant and the learned APP for the respondent/State.

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Dinesh S. Sherla

903-aba-165-26.doc

Learned counsel for the applicant submits that false allegations are made against the applicant as the son of the first informant was arrested in the crime registered at the instance of the applicant. It is submitted that the there is no need of custodial interrogation. It is submitted that there are no other criminal antecendts against the applicant.

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On the other hand, learned APP for the respondent/State submits that the applicant is involved in serious crime of extortion. It is submitted that the present applicant in connivance with other co-accused threatened to lodge false report against the family members of the first informant and extorted amount of Rs.8,63,000/-. It is submitted that considering the nature of crime, the applicant may not be released on anticipatory bail.

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I have perused the FIR. The main allegations of extortion are against the co-accused. Prima facie, the present FIR appears to be a counter blast to the FIR lodged by the applicant against the son of first informant. Considering overall facts and circumstances of the case, I am inclined to release the applicant on anticipatory bail. In the result, the following order is passed.

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ORDER

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A) The Application is allowed.

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B) In the event of arrest of the applicant in C.R. No.24 of 2026 registered at Malwani Police Station for the offences punishable under Sections 308(6), 308(7), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, she be released on bail

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Dinesh S. Sherla

903-aba-165-26.doc

on executing P.R. Bond in the sum of Rs.25,000/- with one surety or two sureties in the like amount.

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C] The applicant shall attend the concerned police station as and when called and shall cooperate in the investigation.

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[N.R.BORKAR, J.]