Zubaida Abu Bakar Momin And ANR v. The State Of Maharashtra

by IRESH SIDDHARAM MASHAL Date: 2021.12.01 09:55:42 +0530 IRESH SIDDHARAM MASHAL 18.2695.21 ABA.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2695 OF 2021 ZUBAIDA ABU BAKAR MOMIN AND ANR ....APPLICANTS V/s.

THE STATE OF MAHARASHTRA .....RESPONDENT Ms. Saima Ansari for the applicants Mr. Ajay Patil APP for the State Mr. Kushal a/w Marmik Shah a/w Kunal Bilaney for intervener Mr. Suresh Ghuge, PSI, Bhoiwada, Police Station, Bhiwandi. CORAM :

NITIN W. SAMBRE, J.

DATE:

NOVEMBER 30, 2021.

P.C.:

1] Applicants, mother-in-law and sister-in-law of victim are seeking pre-arrest bai in C.R. No. 211/2021 registered with Bhoiwada Police Station for offence punishable under Sections 306, 498A, 323, 504, 506 r/w 34 of the Indian Penal Code.

2] Victim was their daughter-in-law who died on 16/10/2021 having got herself hanged.

1/2

18.2695.21 ABA.doc 3] I have perused the investigation papers. On 15/10/2021, victim herself has lodged a complaint against her husband who is already arrested. In the said complaint (which is treated as N.C.) no attributions are made against the applicants. Daughter who was present at the scene of offence has not supported the case of the prosecution about the involvement of the applicants in the crime in question. That being so, case for bail is made out. (i) In the event of arrest of the applicants in C.R. No. 211/2021 registered with Bhoiwada Police Station for offence punishable under Sections 306, 498A, 323, 504, 506 r/w 34 of the Indian Penal Code, he be released on bail on furnishing P.R. bond in the sum of Rs. 15,000/- each with one or more sureties in the like amount.

(ii) Applicants shall neither influence prosecution witnesses in any manner nor tamper with evidence. 4] Application stands disposed of.

[NITIN W. SAMBRE, J.] 2/2