Dilshad @ Dillu Qureshi v. The State Of Maharashtra

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 573 OF 2018 Dilshad alias Dillu Qureshi .Applicant Vs.

The State of Maharashtra .Respondent Mr. Prashant Ahir i/b. Mr. Abhay Singh, Advocate, for the Applicant Mrs. J. S. Lohokare, APP, for the Respondent - State

CORAM

:

REVATI MOHITE DERE, J.

DATE :

17.04.2018 P.C.

.

Heard learned counsel for the parties.

2.

By this Application, the Applicant seeks pre-arrest bail in connection with C. R. No. 112 of 2018 registered with the D. N. Nagar Police Station, Mumbai, for the alleged offences punishable under Sections 354, 509 & 506 of the Indian Penal Code. 3.

Learned counsel for the Applicant submits that the Applicant has been falsely implicated in the said case. 4.

Learned APP opposed the Application.

5.

Perused the papers. It appears that the Applicant and the Complainant were known to each other, as they were residing in the same locality. According to the Complainant, the incident took place on 19.02.2018 at about 10.00 p. m., when the Applicant uttered some objectionable words and threatened the Complainant with dire consequences, if she lodged a complaint. The Complainant has further alleged that on 24.02.2018, when she was on her way to the medical shop, the Applicant came and touched her on her shoulder as a result of which her modesty was outraged. It appears that the Applicant has reported to the investigating officer of the concerned police station, as directed by this Court vide Order dated 23.03.2018. Having regard to the peculiar facts of this case, custodial interrogation of the Applicant is not warranted.

6.

Considering the aforesaid, the Application is allowed and the Applicant is granted pre-arrest bail on the following terms & conditions :-

O R D E R

(i) In the event of arrest, the Applicant be enlarged on bail, on executing PR Bond in the sum of Rs. 25,000/- with one or two sureties in the like amount;

(ii) The Applicant shall report to the investigating officer of the concerned police station on the first Sunday of every month between 10:00 a. m. and 11:00 a. m. till the conclusion of the trial; (iii) The Applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case;

(iv) The Applicant to cooperate in the conduct of the trial; (v) If there are two consecutive defaults in appearing before the trial Court or appearing before the investigating officer of the concerned police station, the prosecution will be at liberty to apply for cancellation of the Applicant's bail.

7.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

All concerned to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)