Arif Sayyed Akbar Ali v. The State Of Maharashtra And ANR

18. ABA 256.17.doc JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 256 OF 2017 Arif Sayyed Akbar Ali.

... Applicant.

V/s.

The State of Maharashtra & Ors.

... Respondents.

Mr. Omkarnath Ramkishore Tiwari for the Applicant. Mr. Ajay Patil, APP for the State.

CORAM : A.S. GADKARI, J.

DATE : 24 April, 2017.

P.C. :- 1.

The applicant was granted interim relief by an order dated 17th February 2017.

2.

The applicant and the first informant are related inter-se. The first informant happens to be the sister-in-law of the wife of the applicant. After perusing the first information report and the papers of the investigation, it prima-facie appears that the alleged act as contemplated under Section 376 of the Indian Penal Code was a consensual act between two adult persons.

18. ABA 256.17.doc 3.

In view thereof, the applicant has made out the case for his release on pre-arrest bail. The interim relief granted by order dated 17 February 2017 is hereby confirmed.

4.

The application is allowed in the aforesaid terms. (A.S. Gadkari, J.)