Arif Farooq Tamboli And Another v. The State Of Maharashtra

1 913-ABA.742-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 913 ANTICIPATORY BAIL APPLICATION NO.742 OF 2022

1. ARIF FAROOQ TAMBOLI

2. MUSTAFA SHABBIR KHATIK

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. Syed Azizoddin R. APP for Respondent-State : Mr. G. O. Wattamwar. ...

CORAM : S. G. MEHARE, J.

DATE :

06.07.2022 PER COURT :- 1.

Heard the learned counsel for the applicants and learned APP for the respondent-State.

2.

Learned counsel for the applicants would submit that the false allegations have been levelled against the applicants. No incident as such happened, however, with an ill motive she has made the serious allegations against the applicants that they have committed sexual intercourse with her by administering her beer (liquor). The applicant Arif did not marry the complainant after their break up. Therefore, complainant intended to extract the money from the applicants. 3.

Learned APP has opposed the application contending that the interrogation about administering the beer (liquor) to

2 913-ABA.742-22.odt the complainant is to be made and the vehicle used to take away the applicant is to be recovered.

4.

This Court has discussed the facts in detail in the order dated 20.06.2022. The report is lodged three years after the first incident. The allegations reveal that she has well acquaintance with both the applicants. She never resisted the applicants when she had sex with them. The complainant is major. Since there was a long gap, it may not be possible to trace the evidence. The vehicle is not the weapon used in the crime. Therefore, the State has no case for custodial interrogation. The application deserves to be allowed. Hence, the following order :

O R D E R

(i) The application is allowed.

(ii) The interim protection granted to applicant Nos.1 Arif Farooq Tamboli and 2. Mustafa Shabbir Khatik by an order dated 20.06.2022 stands confirmed on the condition that the applicants shall attend Police Station as and when called by the Investigating Officer on written notice.

(S. G. MEHARE, J.) ...

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