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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRI. ANTICIPATORY BAIL APPLICATION NO.1686 OF 2018
Baleegh Naheed Khaja Ajamuddin
@ Shaikh Ors. .. Applicants
State of Maharashtra .. Respondent
Mr.Sushil K. Chaurasia, Advocate for the Applicants.
Ms.A.A. Takalkar, APP for the Respondent – State.
Mr.Vishal Waykar, PSI, Ganeshpuri Police Station, present.
CORAM : PRAKASH D. NAIK, J.
DATED : AUGUST 24, 2018.
Applicants are apprehending arrest in connection
with CR No.I-212 of 2017, registered with Ganeshpuri Police
Station, Bhiwandi, District-Thane, for the offenes punishable
under Section 498A, 403, 406, 504 read with 34 of IPC. The
prosecution case indicate that the marriage between the
applicant and accused no.1 was solemnized on 7th January, 2017.
Thereafter, the accused had demanded dowry of Rs.20 lakhs and
the complainant was constantly harassed for that. The applicants
preferred an application for anticipatory bail before the Sessions
Court, which was rejected on 12 th April, 2018. Accused no.1
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(husband of the complainant) was arrested on 30th July, 2018 and
subsequently he was granted bail on 2 nd August, 2018. Learned
counsel for the applicants submits that the applicants are falsely
implicated in the case. Applicant no.1 is mother-in-law and
Accused no.2 is father-in-law of the complainant. Applicant no.3 is
the brother-in-law of the complainant, applicant no.4 is the
married sister-in-law of the complainant and applicant no. 5 is the
husband of Respondent no.4. Applicant no.6 is the sister-in-law of
the complainant. It is submitted that in pursuant to the marriage,
the complainant and her husband had started residing separately.
Learned counsel for the applicants pointed out the leave and
licence agreement executed between the husband of the
complainant and the owner of the premises, wherein the parties
were residing separately from the joint family. The applicants are
residents of Telengana and they were not residing with the
complainant and her husband. It is submitted that Sessions Court
had rejected the application that there is no ground to arrest the
applicants, however, thereafter the husband of the complainant
was arrested on 31st July, 2018. It is submitted that false
allegations are made that the ornaments are misappropriate by
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2 Learned APP submitted that husband of the
complainant has been arrested and subsequently he was released
on bail. There are allegations of harassment to the complainant.
During the investigation, the investigating machinery had carried
out search at the residence of the applicants, as well as the place
where the complainant and her husband were residing. The
ornaments could not be recovered, however, certain articles and
cash amount of Rs.3,05,200/-, approximately has been recovered
by the police.
3 It is noticed that the Sessions Court had rejected the
application for anticipatory bail on the ground that the applicants
were not arrested in pursuant to the notice under Section 41A of
Criminal Procedure Code. Since there is apprehension of arrest,
the protection can be granted to the applicants under Section 438
of Criminal Procedure Code. The husband of the complainant has
been arrested and he has been granted bail. The search carried
out in the residence of the accused have resulted in recovery of
certain articles. Applicant nos.1 and 2 are senior citizens. They
are the residents of Telengana. In the circumstances, bail can be
granted to the applicants, as custodial interrogation is not
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4 Hence, I pass the following order:
:: O R D E R ::
(i) Anticipatory Bail Application No.1686 of 2018,
(ii) In the event of arrest of the applicants in
connection with CR No.I-212 of 2017,
registered with Ganeshpuri Police Station,
Bhiwandi, District – Thane, the applicants be
released on furnishing P.R. Bond in the sum of
Rs.15,000/-, each with one or ore sureties in
the like amount;
(ii) Applicants shall report the investigating officer
as and when called for by him;
(iii) Anticipatory Bail Application No.1686 of 2018
stands disposed of.
(PRAKASH D. NAIK, J.)