Ali Abbas Shaikh v. The State Of Maharashtra And ANR

25. ABA 818 of 2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 818 OF 2023 Ali Abbas Shaikh ...Applicant vs.

The State of Maharashtra and Anr.

...Respondents

***** Mr. Jahangir Iqbal - Advocate for the Applicant Mrs. M. R. Tidke - APP for the Respondent-State PSI Anil Mhaske - Pelhar Police Station, Palghar ***** CORAM :

S. M. MODAK, J.

DATE :

17th MARCH, 2023 P. C. :- 1.

Heard learned Advocate for the Applicant and learned APP.

2.

There is an offence registered against in all four persons under Sections 498A, 354, 323, 504, 506 read with 34 of the Indian Penal Code. The present Applicant is brother-in-law of the first informant. All were residing in the matrimonial house. The role of the Applicant is that he pressed the chest of the first informant on 06/02/2023 at about 4.00 p.m. There is a submission that at material time, the first informant was not in the house, but she has travelled with her husband, the receipt and trip details issued by by SEEMA KSHITIJ YELKAR Date:

2023.03.18 15:11:41 +0530 Seema 1/2 SEEMA KSHITIJ YELKAR

25. ABA 818 of 2023.doc Uber Taxi is produced on page no. 41. It starts from 7.19 p.m. whereas incident took place at 4 p.m.. It cannot be accepted. Applicant having such an allegation, cannot be released on anticipatory bail. He may argue before the concerned court that his custody is not required, if arrested.

3.

Hence anticipatory bail application is rejected. [S. M. MODAK, J.] Seema 2/2