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Bombay High CourtBA/1138/2020allowed

Zafar Ahmad S/O Isamail Ahmad v. State Of Mah. Thr. Pso Ps Dabki Road Akola Dist.Akola

2020-12-22Hon'Ble Smt. Justice Pushpa V. Ganediwala3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO. 1138 OF 2020 (Zafar Ahmad s/o Isamil Ahmad vs. The State of Maharashtra thr. PSO, PS, Dabki Road, Akola, District - Akola) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri A.S. Londhe, Advocate for the applicant. Shri H.D. Dubey, APP for the non-applicant - State. .....

CORAM : PUSHPA V. GANEDIWALA, J.

DECEMBER 22, 2020.

Heard Shri Londhe, learned counsel for the applicant and Shri Dubey, learned APP for the non-applicant - State.

2.

The applicant - Zafar Ahmad s/o Isamil Ahmad, is seeking bail in Crime No. 270 of 2020 dated 03.08.2020 for the offence punishable under Sections 354, 354(B), 498A, 323, 504, 506 of the Indian Penal Code and Sections 11(1)(2), 129(L), 10 of the Prevention of Children from Sexual Offences Act, 2012 and Section 75 of the Juvenile Justice Act, registered by Dabki Police Station, Akola, Dist. Akola. 3.

The allegations against the present applicant is that he is the husband of the informant and he is in habit of consuming country liquor and

used to talk with her in filthy language and used to assault her frequently under the influence of liquor. It is further alleged that on 19.07.2020, he came to house in drunken condition and abused the complainant and bet her with belt and drove the complainant and her two sons outside the house and inside the house he beat his 9 years old daughter by removing her clothes.

4.

Now, the investigation in the case is completed and the charge sheet is also filed. Considering the nature of allegations and the nature of offence, this Court is inclined to grant bail to the applicant.

5.

Criminal application is allowed on the following conditions :

(i) The applicant - Zafar Ahmad s/o Isamil Ahmad, shall be released on bail on executing Personal Bond of Rs.20,000/- (Rs. Twenty thousand only) with one surety in the like amount.

(ii) The applicant shall not issue threats or tamper the prosecution witnesses.

(iii) The applicant shall attend Police Station once in a month on every first Thursday of the month.

6.

Needless to mention that the observations made in this application are strictly for deciding the present application of the applicant and the trial Court shall not get influenced by the same and shall be free to decide the matter on its merits. JUDGE *GS.