Armaann Tahil v. The Senior Inspector Of Police Versova Police Station And ANR

rsk 1/2 ABA-1166-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.1166 OF 2016 Armaann Tahil ...

Applicant V/s.

The Senior Inspector of Police & Anr.

...

Respondent Mr. Faiz Merchant i/b Rizwan Mechant & Associates for the Applicant. Ms. S. S. Kaushik, APP for the State.

Mr. Jiten Bhardwaj for the Original Complainant. Mr.Male, API, Versova Police Station

CORAM

:

A.S. GADKARI, J.

DATE :

7th OCTOBER 2016.

P.C. :

.

The applicant is granted interim relief by an order dated 13/7/2016. The reasons for granting interim relief are elaborated in the said order.

2.

The learned counsel appearing for the original complainant submitted that after registration of the present crime, the applicant is threatening the complainant for withdrawal of the present crime. He further submitted that two N.C.'s have been lodged by the complainant against the applicant and the present application therefore may be rejected.

3.

A bare perusal of the first information report would reveal that the alleged act as contemplated under section 376 of the Cr.P.C. was a consensual act and was continuing between the applicant and the

rsk 2/2 ABA-1166-16.doc complainant from 12/3/2016 to 8/6/2016 and it is only after alleged breach of marriage, the present crime is registered. After taking into consideration the facts mentioned herein above and as mentioned in order dated 13/7/2016, the interim relief granted by the said order is hereby confirmed. However the applicant is directed to attend the Investigating Officer as and when called for between 11.00 a.m. to 2.00 p.m. till the filing of chargesheet.

Application is allowed in the aforesaid terms. (A.S. GADKARI, J.)