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Bombay High CourtABA/875/2024disposed off

Allauddin Yakub Patel And Another v. The State Of Maharashtra And Another

2025-01-29Hon'Ble Shri Justice Arun R. Pedneker4 pages

2025:BHC-AUG:2595 1 989

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 989 ANTICIPATORY BAIL APPLICATION NO. 436 OF 2024

1. SALMAN ALAUDDIN PATEL

2. INTIYAZBI ALAUDDIN PATEL

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. P. P. More APP for Respondent/State: Mr. S. K. Shrise ...

WITH ...

ANTICIPATORY BAIL APPLICATION NO. 875 OF 2024

1. ALLAUDDIN YAKUB PATEL

2. MUSKAN SALMAN PATEL

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. More P. P.

APP for Respondent/State: Mr. S. K. Shrise ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 29th JANUARY, 2025 PER COURT:

1.

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

2.

The applicants are apprehending arrest in connection with Crime No.0850/2023, dated 24.11.2023, registered at MIDC Latur

2 989 Police Station, District Latur, for the offences punishable under Sections 306, 498-A, 504, 506, 34 of the IPC. 3.

This court by orders dated 19.03.2024 and 28.05.2024 granted interim protection to the applicants in respective matters. The learned counsel for the applicants submits that the applicants have cooperated with the investigation. The learned counsel for the applicants submits that FIR is lodged against five persons including the applicants for the above offences. The learned counsel submits that the marriage between the deceased and Ibrahim Patel was solemnized in the year 2011. The alleged offence has taken place on 23.11.2023 and the FIR was lodged on 24.11.2023. The allegations in the FIR against the present applicants is that they all harassed the deceased on account of demand of Rs.5,00,000/- for purchase of four-wheeler. It is also stated that the husband of the deceased had came to the parental home of the deceased and demanded Rs.

5,00,000/- and has also threatened to solemnize the another marriage, if his demand is not satisfied. It is further stated that informant had paid Rs.1,00,000/- to the in-laws of the deceased and assured to pay remaining Rs.4,00,000/- within a short time. Thereafter, after three days on 23.11.2023, at about 07:00 p.m.

3 989 gave money to in-laws, they are not treating the deceased and children properly.

4.

The learned counsel for the applicants submits that the husband of the victim so also brother-in-law of the victim were arrested and that they have been granted bail on 12.02.2024. The allegations primarily are against the husband of the deceased. The applicants are the in-laws of the deceased. Considering the same, the interim protection deserves to be confirmed.

5.

In view of the above, the interim protection granted by orders dated 19.03.2024 and 28.05.2024 stands confirmed, on the following terms:

i] The applicants shall attend the police station as and when required by the Investigating Officer.

ii] The applicants shall not tamper with the evidence of the prosecution in any manner. They shall not influence the informant, witnesses and other persons concerned with the case. iii] The applicants shall co-operate with the investigation and also in the proceedings before the trial Court.

4 989 6.

In the event, the applicants violate any of the conditions specified in this order, it shall be liable to be cancelled. 7.

It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove. 8.

The applications stand disposed of.

[ARUN R. PEDNEKER, J.] marathe