Mohammad Aslam Mohmmad Munir Manihar v. The State Of Maharashtra
2025:BHC-AS:21625
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1235/2025 MOHAMMAD ASLAM MOHMMAD MUNIR MANIHAR ...APPLICANT VS THE STATE OF MAHARASHTRA ...RESPONDENT WITH INTERIM APPLICATION (ST) NO.10081/2025 IN ANTICIPATORY BAIL APPLICATION NO. 1235/2025 XYZ ...APPLICANT VS THE STATE OF MAHARASHTRA ...RESPONDENT ...
Adv. Tohid Shaikh i/b Ms. Anjali Patil for the Applicant. Adv. Amit A. Palkar, APP for the Respondent State. ...
CORAM
: RAJESH S. PATIL, J.
DATED : MAY 8, 2025 P.C.:
1.
This an application for anticipatory bail filed by the applicant in Crime No. 297/2025 registered with Waliv Police Station for the offences punishable under Section 115(2), 118(1), 118(2), 127(2), 3(5), 351(3), 352, 356(2), 74, 76 of Bharatiya Nyaya Sanhita 2023.
2.
Based on the complaint, an FIR has been lodged. The role of the present applicant has been specifically mentioned in the FIR.
3.
According to the case of the prosecution, the present applicant along with his wife assaulted the first informant. They tore the clothes of the first informant, so also, they made viral the video, which was recorded during the assault made by the present applicant along with his wife to the first informant. The present applicant has used a razor blade to assault the first informant on her face. It has been alleged in the FIR that an amount of Rs.13 lakhs was paid by the first informant to the applicant and for the purpose of the refund of the said amount, she had being to the house of the present applicant. After the first informant reached the house of the applicant, first the wife of the applicant caught hold of the first informant and started abusing and hitting her.
As the door of the house was closed, the wife of the present applicant with the help of scissor, cut down the hairs of the first informant. Thereafter, the present applicant along with his wife have tore the clothes of the first informant. The entire episode was recorded with the help of a mobile phone. The said mobile phone is to be recovered by the investigating officer, so also, the razor blade used in the incident of assaulting the first informant has to be recovered. The video recording of the said incident has been circulated. One of the witness, who has received the said video, has approached the police station.
4.
The first informant has taken treatment in a hospital and
from the hospital, she has narrated the entire incident to the medical officer.
5.
In view of the submissions made and after going through the contents of the FIR, so also, going through the four photographs produced by the learned APP, where, it can be seen that the wife of the present applicant is assaulting the first informant. Considering the conduct of the applicant, there are chances that if the applicant is granted pre-arrest bail, he will tamper with the evidence and will threat the first informant and witnesses. Hence, according to me, there is no merits in the present anticipatory bail application. The Anticipatory bail application stands rejected.
6.
In sequel, interim application, if any, also stands disposed off.
(RAJESH S. PATIL, J.) Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Date: 09/05/2025 18:51:35