Imran Akil Khan v. The State Of Maharashtra

Sknair 922-ba-2578-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2578 OF 2018 Imran Akil Khan ... Applicant Vs.

State of Maharashtra ... Respondent ...

Mr. M.S. Mohite I/by Mr. Shantanu R. Phanse for the applicant. Mr. R.M. Pethe, APP for the Respondent-State. Mr. Kamlesh Y. Mali for the Respondent No.2.

...

CORAM : PRAKASH D. NAIK, J.

DATE : 1st NOVEMBER, 2018.

P.C.

1.

This is an application for bail in connect with CR No. I-362 of 2018 registered with Kashipura Police Station Thane. The FIR was lodged on 28th May, 2018. The offences were registered under Sections 376, 377, 452, 324, 323, 504, 506 and 507 of Indian Penal Code. Applicant was arrested on 28th May, 2018. Investigation is completed and chargesheet has been filed. 2.

The case of the complainant is that she was acquainted with the applicant. There was physical relationship between them. However, subsequently, there was dispute that accused had assaulted her on some occasions. The complainant has been impleaded as Respondent No.2 in this application. She is represented by advocate. Affidavit filed by the complainant is

Sknair 922-ba-2578-18.odt tendered in this Court which is affirmed before the Registry of this Court. Said affidavit is taken on record and marked "X" for identification. In the said affidavit dated 17th October, 2018 it is stated that complainant had friendly relationship with the accused since inception and they were acquainted with each other. It is also stated that complaint was lodged on account of personal grudge and she has no objection if the applicant is granted bail. The complainant is present in the Court. She is identified by the advocate representing her. The contents of the FIR apparently reflects that the relationship is consensual, although there was a dispute between both the parties as stated in the complaint. 3.

Taking into aforesaid circumstances, bail can be granted to the applicant. Hence, I pass the following order.

ORDER

i.

Criminal Bail Application No. 2578 of 2018 is allowed; ii.

Applicant is directed to be released on bail in connection with C.R. No. 362 of 2018 registered with Kashimira Police Station on furnishing P.R. Bond in the sum of Rs.20,000/- with one or more sureties in the like amount;

iii.

Criminal Application stands disposed off.

by Sachidanand Kuttan Nair Date:

2018.11.03 15:15:20 +0530 ( PRAKASH D. NAIK, J. ) Sachidanand Kuttan Nair