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Bombay High CourtABA/169/2022allowed

Hasim S/O Rahemat Shah v. State Of Mah. Thr. Pso Ps Warud Tah.Warud Dist.Amravati

2022-03-30Hon'Ble Shri Justice Anil S. Kilor2 pages

16.aba.169.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.169 OF 2022 Hasim S/o Rahemat Shah

Versus

State of Maharashtra, through P.S.O., P.S. Warud, Tah. Warud, Dist. Amravati Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri M.R. Khan, Advocate for the applicant.

Shri V.A. Thakare, A.P.P. for the non-applicant/State. CORAM : ANIL S. KILOR, J.

DATED : 30/03/2022 1.

The applicant is seeking pre-arrest bail in Crime No.72 of 2022, dated 28.01.2022 registered with Police Station Warud, District Amravati (Gramin), for the offences punishable under Section 354-A(1)(iv), 354-B, 452, 294 and 506 read with Section 34 of the Indian Penal Code. 2.

It is alleged that the accused on 20.01.2022, entered into the house of the complainant and assaulted and abused her.

3.

Shri Khan, learned counsel for the applicant submits that the complainant is sister-in-law of the applicant and she is in habit of lodging of false complaints against her family members. It is submitted that the applicant is falsely implicated in the alleged offence.

4.

Shri Thakare, learned APP opposes the application. C.L.Dhakate

16.aba.169.2022.odt 5.

I have perused the Case Diary and also the contents of the First Information Report (FIR).

6.

Prima facie, there is no incriminating material available on record to show the involvement of the applicant in the alleged offence. Accordingly, I pass the following order :

a) The application is allowed.

b) Order passed by this Court on 16.03.2022, granting ad interim anticipatory bail, is confirmed with modification that the applicant shall attend the concerned Police Station as and when his presence is required.

The criminal application is disposed of accordingly. [ANIL S. KILOR, J.] CHETAN LOPCHAND DHAKATE 30.03.2022 17:49 C.L.Dhakate