Asif Ahmed Hussain Ansari v. The State Of Maharashtra

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 759 OF 2018 Asif Ahmed Hussain Ansari .Applicant Vs.

The State of Maharashtra .Respondent Mr. A. K. Singh, Advocate, for the Applicant Ms Pallavi Dabholkar, APP, for the Respondent - State

CORAM

:

REVATI MOHITE DERE, J.

DATE :

23.04.2018 P.C.

.

Heard learned counsel for the parties.

2.

By this Application, the Applicant seeks his enlargement on bail in connection with C. R. No. 486 of 2017 registered with the Wadala T. T. Police Station, Mumbai, for the alleged offences punishable under Sections 498A, 306, 304B, 406 r/w 34 of the Indian Penal Code.

3.

Perused the charge-sheet. According to the ComplainantJamal Ansari ( father of deceased - Ismat Parveen), after marriage of his daughter - Ismat Parveen with the Applicant, the Applicant, his parents,

sister-in-law and brother-in-law started ill-treating his daughter - Ismat Parveen. It is further alleged that the Applicant was demanding a sum of Rs. 10,00,000/- from the Complainant for setting up a factory. It is further alleged that apart from the Applicant, the other co-accused were also demanding a sum of Rs. 10,000/- and were harassing Ismat Parveen on account of non-fulfilment of the same. It appears that pursuant thereto, Ismat Parveen committed suicide on 05.12.2017 in her matrimonial home. Co-accused i. e. the Applicant's parents and sister-inlaw have been enlarged on bail and the Applicant's brother has been granted Anticipatory bail. The Applicant is in custody since December, 2017. Investigation is complete and charge-sheet is filed. 4.

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

O R D E R

(i) The Applicant be enlarged on bail, on executing PR Bond in the sum of Rs. 15,000/- 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 shall inform his latest place of residence and mobile contact number immediately after being released and/or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the concerned Police Station;

(v) The Applicant to cooperate in the conduct of the trial; (vi) The Applicant shall file an undertaking with regard to clauses (ii) to (v), in the trial Court, within two weeks of his release; (vii) 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.

5.

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.)