Mohd. Asharaf S/O. Mumtaz Ali Qureshi v. The State Of Maharashtra

aba.1211-2018.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1211 OF 2018 Mohd. Asharaf s/o Mumtaz Ali Qureshi ..Applicant Vs The State of Maharashtra ..Respondent ----- Mr. A.M. Saraogi for applicant.

Ms. Rutuja Ambekar, APP for State.

CORAM : A.S.GADKARI, J.

DATE : 20th July 2018.

P.C.:

1] By an Order dated 22nd June 2018, the applicant was granted interim relief.

2] Heard the learned Counsel for the applicant and the learned APP. Perused the record of investigation.

3] As observed in the Order dated 22.6.2018, the version narrated by the prosecutrix prima facie appears to be exaggerated and the facts mentioned therein are doubtful. It is the allegation against the applicant that, he committed forcible sexual intercourse with the prosecutrix at the matrimonial house. The said place is situated in densely populated locality. It is the case of the prosecutrix that, she created hue and cry and shouted 1/2

aba.1211-2018.doc loudly for help. The investigation carried out till today is silent about any of the neighbour heard the said cries of the prosecutrix. Prima facie, it appears that, with a ulterior motive the prosecutrix has lodged the present crime against the applicant.

4] In view thereof, interim relief granted by Order dated 22nd June 2018 is hereby confirmed.

5] Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) 2/2