Nafisa Naim Akhtar Qureshi v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.892 OF 2021 Mrs.Nafisa Naim Akhtar Qureshi Applicant versus The State of Maharashtra Respondent Adv.Priyanka Dubey i/by Adv.Nidhi Sharma for applicant. Mr.S.R.Agarkar, APP, for State.

API R.B.Shendge, Mumbra Police Station, Thane City, present. CORAM : PRAKASH D. NAIK, J.

DATE : 15th September 2021 PC :

1.

This is an application for anticipatory bail in CR No.I-930 of 2019 registered with Mumbra Police Station for offence u/s.306 of Indian Penal Code.

2.

The FIR was registered on 8th November 2019 for offence u/s.306 of IPC. The victim was the second wife of accused no.1. MANISH SURESH THATTE MANISH SURESH THATTE Date: 2021.09.17 10:02:56 +0530 About ten months ago prior to the incident she got acquainted with accused no.1 Zuber. They fell in love. The marriage was performed. Subsequently she came to know that the accused was already married. The victim committed suicide. Hence the FIR was registered against husband and applicant.

3.

From the tenor of FIR it appears that primarily there are no allegations against applicant which should constitute instigation of abetment to suicide. The applicant is the first wife and the victim

2 of 2 40.ABA.892.2021.doc was the second wife. The husband of victim was arrested and subsequently he has been granted bail.

4.

The applicant was granted interim protection vide order dated 26th July 2021. It is still in operation. Considering the factual aspects of the matter, the applicant need not be subjected to custodial interrogation. Interim protection can be confirmed by allowing this application. Hence, I pass following order :

ORDER

(i) Anticipatory Bail Application is allowed and disposed of; (ii) Interim order dated 26th July 2021 is confirmed; (iii) In the event of arrest of applicant in CR No.I-930 of 2019 registered with Mumbra Police Station, the applicant be released on bail on her executing PR bond in the sum of Rs.30,000/- with one or more sureties in the like amount;

(iv) The applicant shall report Investigating Officer on 22nd, 23rd and 24th September 2021 between 11 am and 1 pm and thereafter as and when called for till filing of charge sheet. (PRAKASH D. NAIK, J.) MST