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Bombay High CourtABA/371/2021allowed

Danish Mohd. Yusuf Sayyed And ORS. v. The State Of Maharashtra

2021-03-01Hon'Ble Shri Justice Prakash D. Naik3 pages

rpa 1/3 37 aba 371 2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.371 OF 2021 Danish Mohd. Yusuf Sayyed and Ors.

.. Applicants

Versus

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

Mr.Dilip Shinde, Advocate for the Applicant.

Mr.S.S. Pednekar, APP for the Respondent - State. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

MARCH 01, 2021.

P.C. :

The applicant is apprehending arrest in connection with C.R.No.8 of 2021, registered with Vikhroli Police Station, Mumbai, for the ofences punishable under Sections 354, 323, 324, 504 and 427 read with 34 of Indian Penal Code ("IPC", for short) First Information Report ("FIR", for short), was lodged on 10th January, 2021.

It is alleged that quarrel took place between accused and complainant. The accused no.1 (applicant) pulled dupatta and gave fst blow on her chest. Other accused assaulted her. It is contended that complaint is false. Marriage of applicant was performed two days prior to alleged incident. The complainant by RajeP. Aher Date:

2021.03.04 18:12:52 +0530 spoke arrogantly with wife of applicant. There was quarrel. RajeP.

Aher

rpa 2/3 37 aba 371 2021.doc Applicant was granted interim protection vide order dated 12th February, 2021. It is pertinent to note that cross case is registered at the instance of the applicant on 10th January, 2021, for the ofences punishable under Sections 354, 452 and 504 read with 34 of Indian Penal Code ("IPC", for short). First Information Report ("FIR", for short) was lodged by Smt.Rabiya Sayed, who is applicant no.1.

Considering the facts and circumstances of the case, custodial interrogation of the applicant is not necessary. Hence, I pass the following order:

:: O R D E R ::

(i) Anticipatory Bail Application No.371 of 2021, is allowed;

(ii) In the event of arrest of applicants in connection with C.R.No.8 of 2021, registered with Vikhroli Police Station, Mumbai, they be released on bail on executing P.R. Bond in the sum of Rs.25,000/-, each, with one or more sureties in the like amount;

rpa 3/3 37 aba 371 2021.doc (iii) Applicants shall appear before the investigating oficer on 10th, 11th and 12th March, 2021, between 11:00 a.m. to 01:00 p.m., and, shall cooperate with the investigation;

(v) Anticipatory Bail Application No.371 of 2021, stands disposed of accordingly.

(PRAKASH D. NAIK, J.)