Anwar Ali Jabir Ali Khan v. State Of Maharashtra

2023:BHC-AS:29091

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2491 OF 2023 ANWAR ALI JABIR ALI KHAN ..APPLICANT VS.

STATE OF MAHARASHTRA ..RESPONDENT Ms. Asma Khan a/w Ms. Gayatri Nayak, for the applicant. Ms. Veera Shinde, APP for the State.

CORAM : M. S. KARNIK, J.

DATE : OCTOBER 04, 2023 P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for bail in respect of the offence punishable under sections 376, 376(II)(n), 500, 506 of the Indian Penal Code, 1860 registered on 13/07/2023 vide C.R. No.286 of 2023 with Daighar Police Station, Thane.

3.

It appears that the complainant prior to her marriage was in a relationship with the applicant. I am not narrating the accusations in detail. Suffice it to state that the applicant took some obscene pictures and videos of the complainant and demanded sexual favours. 1/3

The relationship between the complainant and the applicant prima facie appears to be consensual in nature. Learned counsel for the applicant submits that his mobile phone has already been seized by the investigating officer and the applicant does not have any other pictures/videos of the complainant. The applicant was arrested on 26/07/2023. The investigation is complete. The charge-sheet is filed. The applicant can be enlarged on bail by imposing conditions. Hence, the following order :-

O R D E R

(a) The application is allowed.

(b) The applicant- Anwar Ali Jabir Ali Khan in connection with C.R. No. 286 of 2023 registered with Daighar Police Station, Thane shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount.

(c) The applicant shall attend the investigating officer of Daighar Police Station, Thane police station once in two months every first Monday of the alternate month between 11.00 a.m. and 1.00 p.m. commencing from November 2023. (d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with 2/3

the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence.

(e) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.

(f) Except for attending the trial and for the purpose of reporting to the investigating officer, the applicant shall not enter the Thane District after being released on bail, till the trial concludes.

4.

The application is disposed of.

(M. S. KARNIK, J.) 3/3