Abdul Hafijkhan Daulatkhan v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Vidya Amin CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 51 OF 2017 Abdul Hafijkhan Daulatkhan ... Applicant Vs.

The State of Maharashtra ...

Respondent Mr. Chetan Subhash Damre, Advocate for the applicant. Mr. Sooraj S. Hulke, APP for the State.

Mr. J.S. Shelkar, A.P.I., Nashik Road Police Station, Nashik present. CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 11th January, 2017.

P.C.:

This Application is moved by the applicant-accused for pre-arrest bail, as the applicant/accused is apprehending arrest in C.R. No. 625 of 2016 registered with Nashik Road Police Station, Nashik under sections 384, 386 r/w. 34 of Indian Penal Code and also under section 3 of The Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013. The offence is registered at the instance of one Shashi Chandrakant Vidhate on 10th December, 2016.

2.

Though today is the first date, Investigating Officer is present alongwith the file and hence, this matter is being finally disposed of. 3.

It is the case of the prosecution that she is a married woman of 34 1 / 3

years old, however, she was induced and seduced by Rizwan to keep relations with her. The applicant/accused was represented as priest in one dargah in Vani. It is her case that he gave some water to her and after consuming the water, she started fighting with her husband. On 30th March, 2016 the applicant/accused performed the marriage of the complainant and Rizwan and declared that they became husband and wife. It is the case of the complainant that Rizwan tried to extort money from her and, therefore, she gave complaint to the police. 4.

On instructions, learned APP submitted that the statement of material witnesses are recorded. Considering the facts of the case and the role played by the applicant-accused, pre-arrest bail is granted to the applicant-accused on the following terms and conditions:

O R D E R

(i) Application is allowed.

(ii) In the event of arrest, the applicant/accused be released on bail on furnishing P.R. Bond in a sum of Rs.15,000/- with one or two sureties in the like amount;

(iii) The applicant shall not indulge into any kind of black magic activity;

(iv) The applicant shall not pressurize or contact the complainant. (v) The applicant shall cooperate the Investigating officer and shall 2 / 3

attend the concerned police station as and when called. 5.

The Application for anticipatory bail stands disposed of on above terms.

(MRIDULA BHATKAR, J.) 3 / 3