Suhail Aalam @ Suhail Akhtar Ansari S/O Alimuddin Ansari And ORS v. The State Of Maharashtra

7.ABA.1184.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPEALLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1184 OF 2016 Suhail Aalalm @ Suhail Akhtar Ansari s/o Alimuddin Ansari & Ors.

.. Applicants

Versus

The State of Maharashtra & Anr.

.. Respondents Mr. A.H. Pathan Advocate for the Applicants.

Mr. A.S. Patil, A.P.P. for the Respondent - State. Mr. Omprakash Pandey Advocate for Respondent No.2. CORAM : N.W. SAMBRE, J.

DATED : 17th NOVEMBER, 2016.

P.C. :

Heard learned counsel for the applicants. He does not press for grant of pre-arrest bail for applicant No.1 Suhail Aalalm @ Suhail Akhtar Ansari. As such the application stands dismissed as withdrawn for applicant No.1 Suhail Aalalm @ Suhail Akhtar Ansari. Applicant Nos.2 to 6 are the in-laws of complainant Mrs. Tarannum Suhail Ansari who claimed to have married applicant No.1 on 15.04.2013 and started residing at Yamuna Nagar in State of Haryana. It is then claimed that after the marriage till 21.06.2015 the accused persons practiced cruelty resulting into registration of crime No.562 of 2015 for the offences punishable under Sections 498-A, 504, 506(2), 34 of the I.P.C.

Upon perusal of the investigation papers what could be revealed is apart from delay of about two years in lodging F.I.R., the Waghmare 1/2

7.ABA.1184.16.doc allegation appears to be too vague to infer the prime facie involvement of the applicants.

Though Mr. Pandey, who assisted learned A.P.P. on behalf of the complainant has strenuously urged that all the applicants with a common intention have practiced cruelty and demanded dowry. However, there is hardly any material to infer the same from the record which is produced. The application of the applicant No.1 husband is already rejected by this Court as 'not pressed'. Applicant No.5 is 62 years of age whereas applicant No.6 is 60 years of age.

What could be inferred from the contents of the F.I.R. is that all the family members of applicant husband added as accused without any specific attributions.

In this background, the false implication cannot be ruled out. In view thereof, in the event of arrest in Crime No.562 of 2015, the applicants be released on bail on executing P.R. Bond of Rs.25,000/- each with one surety in the like amount. The applicants shall attend police station on 26th and 27th December 2016 between 10.00 a.m. to 12.00 noon and thereafter as and when called. The applicants not to tamper with the evidence or influence the witnesses. The applicants shall leave with the investigating officer their permanent place on board and the contact number. The application is allowed in the above terms. (N.W. SAMBRE, J.) Waghmare 2/2