Mushtaque Ahmed vs State

Mohammed Shaffiq, J

Petition seeking bail in respect of Crime No.36 of 2026 registered for the offences punishable under Sections 78, 79, 351(2) of Bharatiya Nyaya Sanhita 2023 and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, is on board for consideration.

Learned counsel for the petitioner, pleading innocence on the part of the petitioner, who has been in incarceration since 03.05.2026 and false implication in the case, seeks indulgence of this Court. He submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Therefore, he prayed to grant bail to the petitioner.

The case of the prosecution as put forth by the learned Government Advocate (Crl. Side) appearing for the respondent police, opposing for grant of bail, is that the petitioner stalked the defacto complainant and compelled her to marry him and on her refusal, he harassed her and threatened her with dire consequences.

Having heard the learned counsel for the petitioner, the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record and considering the nature of offence and also the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned District Munsif-cum-Judicial Magistrate, Arcot and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the respondent Police, daily at 10.30 a.m., until further orders;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.