Jakir Husain @ Dangu S/O Mustaque Husain v. State Of Maharashtra, Through Its P.S.O. P.S. Shirajgaon, Amravati

06.01.aba.685.15

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO.685/2015 (Jakir Hussain @ Dangu Mustaque Husain vs. State of Maharashtra ) ................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................ Mr. R.R.Prajapati, Advocate for applicant Mr. N.B. Jawade, APP for respondent -State CORAM: A.B.CHAUDHARI, J.

DATED : 6th January, 2016.

Heard learned counsel for the rival parties. Perused the reply. Paragraph Nos. 3 and 4 of the reply filed on behalf of the respondent-State is couched in the following terms :- "3.

On the basis of aforesaid First Information Report, the answering respondent accordingly registered crime vide Crime No. 1345/2015 for the offence punishable under Section 306 of Indian Penal Code against the applicant/accused on 24.11.2015. It is submitted that initially A.D. was registered after the information of unknown body found in well on 4.9.2015 was received. On 8.9.2015 the body was identified thereafter, on 24.11.2015 the informant submitted report to the answering respondent. It is further stated that, the informant is belonging to Scheduled Tribes community and

06.01.aba.685.15 applicant/accused persons having previous criminal antecedent and total 13 crimes registered agaisnt the applicant. Therefore, the complainant was scared to register complaint against the applicant/accused immediately. In many cases the applicant/accused has been acquitted.

4.

The answering respondent also recorded statement of various witnesses. The wife of the deceased namely Babli Dhote and other witnesses have specifically stated that, the applicant/accused used to keep sexual relation with wife of deceased due to hand loan of Rs. 10,000/- which was given to the deceased and the deceased was unable to repay the same". No case is made out for grant of anticipatory bail in view of the serious nature of the offence. Criminal Application (ABA) No. 685/2015 is rejected.

JUDGE sahare