Yasmieen Najim Siddiqui And ORS. v. The State Of Maharashtra

26 aba 1045-20.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1045 OF 2020 Yasmin Najim Siddiqui & Ors.

..Applicants v/s.

The State of Maharashtra .

..Respondents Mr. Nitin Sejpal a/w. Pooja Sejpal for the Applicant. Mr. R.M.Pethe, APP for the State.

CORAM : ANUJA PRABHUDESSAI ,J.

DATED : 9th JUNE, 2023.

P.C.

1.

The Applicants apprehends arrest in Crime No.206 of 2020 registered with Shanti Nagar Police Station for offences under Section 498A, 304-B r/w. 34 of the Indian Penal Code. 2.

Heard learned Counsel for the Applicants and learned APP for the State. I have perused the records and considered the submissions advanced by the learned Counsel for the respective parties . 3.

The aforesaid crime was registered pursuant to the FIR lodged by the mother of the deceased alleging that her daughter had committed suicide due to the unlawful demand of dowry and cruelty. It is stated that the co-accused- husband of the deceased was arrested and has been released on bail. This Court (Coram Sandeep K. Shinde, J.) by order dated 21.12.2020 had granted interim protection to the Applicants with observation that the allegations do not prima facie suggest that the SALGAONKAR

26 aba 1045-20.doc Applicants were harassing the deceased with a view to coercing her to meet any unlawful demand of dowry. It is stated that the Applicants had reported to the Investigating Officer and had co-operated with the investigation.

4.

No justifiable grounds are made out for custodial interrogation. Hence, in my considered view, the Applicants are entitled for pre-arrest bail. Hence, the order:- (i) Interim Order is confirmed.

(ii) The Applicants shall appear before the trial Court on each and every date of hearing, unless exempted.

(iii) The Applicants shall keep the Investigating Officer informed of their current address and mobile/contact details, and/or change of residence or mobile/contact details from time to time. (iv) The Applicants shall not interfere with the Complainant and the other witnesses, or tamper with the evidence in any manner. (ANUJA PRABHUDESSAI, J.) SALGAONKAR