Bombay High CourtABA/33/2019anticipatory bail granted

Mohamad Asif Jamaluddin Chaudhary v. The State Of Maharashtra

2019-01-14Hon'Ble Shri Justice Prakash D. Naik3 pages

rpa 1/3 27-aba-33-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.33 OF 2019 Mohamad Asif Jamaluddin Chaudhary .. Applicant Vs.

State of Maharashtra .. Respondent ......

Mr.Sushrut Jadhwar, Advocate for the Applicant. Ms.A.A. Takalkar, APP for the Respondent - State. Mr.P.P. Chaudhari, API, Ulhasangar Police Station, District-Thane, present.

......

CORAM : PRAKASH D. NAIK, J.

DATED :

JANUARY 14, 2019.

P.C. :

This is an application for anticipatory bail in connection with C.R.No.I-258 of 2018, registered with Ulhasnagar Police Station, District-Thane for the offences punishable under Sections 376, 417 and 506 of Indian Penal Code ("IPC", for short). First Information Report ("FIR", for short), was lodged on 24th October, 2018. Complainant is a lady aged about 23 years. She is a divorcee. She was acquainted with the applicant. He had promised her of marriage. There is physical relationship between them. Subsequently, the applicant had backed out from his promise, and, hence, FIR was lodged.

rpa 2/3 27-aba-33-19.doc On perusal of the FIR, it appears that the relationship was consensual in nature. Complainant and the applicant were acquainted with each other since 2017. Learned APP submits that presence of the applicant is necessary for the purpose of his medical examination. Learned counsel for the applicant submits that he is willing to cooperate with the investigation. Considering the factual matrix in this case, the relief prayed in this applicant can be allowed.

Hence, I pass the following order:

:: O R D E R ::

(i) In the event of arrest of the applicant in connection with C.R.No.I-258 of 2018, registered with Ulhasnagar Police Station, District-Thane, the applicant is released on bail on executing P.R. Bond in the sum of Rs.20,000/-, with one or more sureties in the like amount;

rpa 3/3 27-aba-33-19.doc (ii) Applicant shall attend Ulhasnagar Police Station, District-Thane, on 21st, 22nd and 23rd January, 2019, between 11:00 a.m.to 01:00 p.m. and thereafter as and when called for by the investigating officer, till filing of charge - sheet;

(iii)Applicant shall cooperate with the investigating officer for the purpose of medical examination; (iv) Anticipatory Bail Application stands disposed of. (PRAKASH D. NAIK, J.)