Ruksana Mesania D/O Ismail v. The State Of Maharashtra And ANR

(32)Appln.63-2021.doc rajshree

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.63 OF 2021 Ms.Ruksana Mesania d/o Ismail ] ..

Applicant vs.

State of Maharashtra & Anr.

] ..

Respondents Mr.Ashok Saraogi, for the Applicant.

Ms.Rutuja Ambekar, APP for the State.

CORAM :

BHARATI DANGRE, J DATE :

9th NOVEMBER, 2022.

P.C.

1] By order dated 13.10.2020, the Accused Abdul Rehman Zakir Amrelia in CR No.314/2020 which invoke offence under Section 376, 420, 504, 506 of the IPC, was released on bail. 2] The present application is filed by the victim seeking cancellation of bail by making specific statements in para 9 and 10 which read thus :

"The Applicant states that taking advantage of the said order, now the Respondent No.2 have started terrorizing the applicant and other family members and friends of the applicant and have also directed the applicant to withdraw the said FIR failing which the applicant and his family would face dire consequences.

"The Applicant states that when the applicant made an attempt to place the said facts to the knowledge of the police authorities, the applicant has been told that once the bail is 1/2

(32)Appln.63-2021.doc granted, they are unable to take any steps in the matter unless applicant challenges the validity of the order granting bail to the accused before the appropriate court of law." 3] The learned counsel for the applicant specifically state that if the investigating agency address her grievance as she is facing threats from the Applicant and his fa+mily, there will be no need to press the present Application.

4] Considering the fact that the Applicant was released on bail by recording prima-facie case in his favour, but ultimately he has to still undergo trial and one of the condition imposed upon him while releasing him on bail, is to the effect that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.

It is ultimately duty of the Investigating Officer to ensure that the said condition is adhered to and if any complaint comes from the victim alleging breach of the condition, it should invite a stern action. 5] It is expected that the investigating agency will act promptly on the complaint lodged by the victim.

In the wake of above, Application is disposed off. [BHARATI DANGRE, J] 2/2