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Bombay High CourtAPPLN/2014/2022application allowed

Asadulla Khan Khalilulla Khan v. The State Of Maharashtra And Another

2022-06-28Hon'Ble Shri Justice S. G. Mehare2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 922 ANTICIPATORY BAIL APPLICATION NO.589 OF 2022 WITH APPLN/2014/2022 IN ABA/589/2022 SAMINA BEGUM W/O ASADULLAH KHAN

VERSUS

THE STATE OF MAHARASHTRA Mr. S. S. Shaikh, Advocate for the applicant Ms. V. S. Choudhari, APP for the respondent/State Mr. M. K. Bhosale, Advocate for the informant CORAM : S. G. MEHARE, J.

DATED : 28th JUNE, 2022 PER COURT :- 1.

Heard learned counsel for the applicant. The FIR reveals that there was matrimonial dispute between applicant and complainant-husband. The incident happened when the accused No.1 the wife of the complainant requested him to settle the matrimonial dispute by paying Rs.5 lakhs. It is alleged that when he denied to settle the dispute and shown his inability to pay Rs.5 lakhs, present applicant called her brothers. It is alleged that they came there and started assaulting. However, the FIR is silent as regards to the assault at the hands of the applicant. The specific allegations have been levelled against the other co-accused that they assaulted him with the iron pipe and the handle of spade. The allegation levelled against the applicant is that she was aba589.22.odt

threatening him.

2.

The prosecution has no material to convince the Court that the custodial interrogation of the applicant would reveal something new. Considering the role attributed to the applicant this Court has granted her interim protection. 3.

After having gone through the FIR and allegations levelled against the applicant, there appear no ground to decline anticipatory bail. The application deserve to be allowed. Hence following order.

ORDER

(I) The application is allowed.

(II) The interim protection granted to the applicant by the order dated 6th June, 2022 is confirmed on modifying the condition that the applicant shall attend the police station as and when called by the police.

(III) Criminal Application No. 2014 of 2022 is allowed. [S. G. MEHARE, J.] ssp aba589.22.odt