Zakir Abdul Haq Hussain And ANR v. The State Of Maharashtra

rpa 1/3 20 aba 1863 2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1863 OF 2019 1) Zakir Abdul Haq Hussain;

2) Vikas Murlimanohar Agarwal .. Applicants

Versus

State of Maharashtra .. Respondent ......

Ms.Krupali Rajani i/b. Mr.Jaideep Thakker, Advocate for the Applicants.

Mr.S.R. Agarkar, APP for the Respondent - State. Mr.Rupesh C. Nagral, PSI Powai Police Station, Mumbai, present. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

AUGUST 24, 2021.

P.C. :

This is an application for anticipatory bail in connection with C.R.No.417 of 2019, registered with Powai Police Station, Mumbai, for the alleged ofence under Section 306 read Digitally signed by RAJESHRI PRAKASH AHER Date:

2021.08.26 16:01:08 +0530 with 34 of Indian Penal Code ("IPC", for short). RAJESHRI PRAKASH AHER First Information Report ("FIR", for short) was lodged on 21st July, 2019. The victim had committed suicide on 27th June, 2019. FIR was lodged by the father of the deceased.

rpa 2/3 20 aba 1863 2019.doc Learned counsel for the applicant submitted that the deceased was co-employee of the applicant. Both the applicants had resigned from J.K. Helene Curtis Private Limited on 12th May, 2019 and 14th May, 2019, respectively.

The applicants were granted interim protection by this Court vide order dated 27th August, 2019. Learned APP submitted that the accused Akash Nimesh Wadera was arrested on 5th October, 2019 and chargesheet has been fled against him. Accused Darpan Dilip Ghodke was arrested on 26th November, 2019. Learned APP tendered report submitted by Powai Police Station, Mumbai, which mentions that the investigation was conducted. The investigation which includes the statements of witnesses and the inquiry conducted by police does not reveal the complicity of both the applicants in the ofence. For lack of evidence, co-accused Darpan Ghodke has been discharged under Section 169 of Cr.P.C. The report is taken on record. In view of the aforesaid circumstances, this application can be allowed.

:: O R D E R ::

(i) Anticipatory Bail Application No.1863 of 2019, is allowed;

rpa 3/3 20 aba 1863 2019.doc (ii) Interim order dated 27th August, 2019, is confrmed;

(iii) In the event of arrest of the applicants in connection with C.R.No.417 of 2019, registered with Powai Police Station, Mumbai, the applicants be released on bail on executing P.R. Bond in the sum of Rs.50,000/-, each, with one or more sureties in the like amount;

(iv) Anticipatory Bail Application No.1863 of 2019, stands disposed of accordingly.

(PRAKASH D. NAIK, J.)