Jaffar Mohammed Irfan Ansari v. The State Of Maharashtra

908 ABA-3133-21.doc BDP-SPS-TAC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BHARAT DASHARATH PANDIT CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3133 OF 2021 by BHARAT DASHARATH PANDIT Date: 2021.12.23 17:40:47 +0530 JAFFAR MOHAMMED IRFAN ANSARI .....Applicant.

V/s THE STATE OF MAHARASHTRA .....Respondent Mr. A.A. Bhati i/b Bhati Associates for the Applicant. Mr. Ajay Patil, APP for the Respondent/State. CORAM: NITIN W. SAMBRE, J.

DATE: DECEMBER 23, 2021 P.C.:- 1] Heard.

2] Applicant is seeking pre-arrest bail in C.R. No.639 of 2021 registered with Nayanagar Police Station for the offence punishable under Sections 498-A, 406, 354 & 504 of the IPC. 3] Learned APP opposed the prayer on the ground that allegations made in the FIR prima facie satisfy the ingredients of the offence alleged.

4] Considered submissions.

5] Applicant-husband has already given Talaaq to the complainant. It appears that instances which are narrated in the FIR are stale in 1/2

908 ABA-3133-21.doc nature and, at the relevant time, there were no complaints from the victim. Apart from above, allegations do not justify custodial interrogation of the Applicant as it appears that offence is alleged out of matrimonial discord.

6] In the event of his arrest in C.R. No.639 of 2021 registered with Nayanagar Police Station for the offence punishable under Sections 498-A, 406, 354 & 504 of the IPC, Applicant be released on bail on furnishing P.R. Bond in the sum of Rs 10,000/- with one or more sureties in the like amount. Applicant shall neither directly or indirectly influence the prosecution witnesses nor tamper with the evidence. Applicant shall attend the Investigating Officer from 3/1/2022 to 7/1/2022 and thereafter as and when directed by the Investigating Officer.

7] Application is disposed of.

( NITIN W. SAMBRE, J. ) 2/2