Alifeya Wasim Khan v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.296 OF 2025 Alifeya Wasim Khan ...Applicant Vs The State Of Maharashtra

...Respondent

____________________________________ Mr. Shadab Khopekar, Advocate for the Applicant. Mr. Nitin B. Patil, APP for the State.

Mr. Anand Kashid, API, MIDC police station present. ____________________________________

CORAM

: RAJESH S. PATIL, J.

DATED : 21 FEBRUARY 2025 P.C.:

1.

This application is filed for pre-arrest bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with FIR No. 0744 dated 14th November, 2024 registered with MIDC Police Station, Brihanmumbai Shahar for the offence punishable under Sections 316(4) and 318(4) of the Bharatiya Nyaya Sanhita, 2023.

2.

Mr. Khopekar, the learned Advocate for the Applicant submits that in an another Anticipatory Bail Application No.3578 of 2024,

this Court had allowed the Anticipatory Bail Application by order dated 18 February 2025. The present Applicant is similarly place. She is a lady and her husband is behind the bars in the subject F.I.R.

3.

In view of the order passed by this Court on 18 February 2025, in which the Applicant a lady whose child is one year old and her husband-Accused No.1 is already in custody. Similarly, the present Applicant lady has also a child of one year old and her husband-Accused No.3 is already in custody.

4.

In such a situation, a case is made out to allow this Anticipatory Bail Application, hence the following order :-

ORDER

(a) The anticipatory bail application is allowed. (b) In the event of arrest in connection with FIR No. 0744 dated 14 November 2024 registered with MIDC Police Station, Brihanmumbai Shahar for the offence punishable under Sections 316(4) and 318(4) of the Bharatiya Nyaya Sanhita, 2023, the applicant shall be released on bail, on furnishing P.R. bonds to the extent of Rs.30,000/- with one or more sureties of the like amount. (c) The applicant shall co-operate with the investigation and

attend the Investigating Officer of the concerned Police Station, as and when called.

(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and shall not tamper with evidence. (e) The applicant shall furnish details of his residential addresses, contact numbers and e-mail addresses to the Investigating Officer. 5.

The anticipatory bail application is disposed of. (RAJESH S. PATIL, J.)