Nasrin Bano Nazir Shaikh v. State Of Maharashtra And ANR

1/2 59 APL 433-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 433 OF 2022 Nasrin Bano Nazir Shaikh ..

Applicant

Versus

The State of Maharashtra & Anr ..

Respondents ...

Mr.Siddharth Jha i/b Law Global Advocates for the applicant. Mr.S.H.Yadav, APP for the State.

CORAM: BHARATI DANGRE, J.

DATED : 2nd AUGUST 2022 P.C:- By the present application, the applicant seeks cancellation of the bail granted by the Court of Sessions at Dindoshi on 14/2/2022.

With the assistance of the learned counsel, I have perused the application where the Court has recorded a prima facie case considering the long duration of sexual relationship, since the informant was introduced to the applicant in the year December 2018 and in January 2019, it is alleged that he committed forcible sexual intercourse with her on the pretext of marriage. The FIR came to be lodged only on 28/10/2021. Tilak

2/2 59 APL 433-22.doc Referring to the Whatsapp chat which was produced on record, the learned Judge has recorded that it can be prima facie seen that the informant was aware of the applicant being married.

Recording prima facie observation in favour of the applicant where the relationship appear to be consensual, he was held entitled for protection from arrest.

I find no perversity in the above order.

Application is rejected.

( SMT. BHARATI DANGRE, J.) Tilak