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Baleegh Naheed W/O Khaja … vs The State Of Maharashtra on 24 August, 2018

rpa 1/4 912-aba-1686-18.doc



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.


DATED : AUGUST 24, 2018.

P.C. :

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

signed by
Rajeshri Rajeshri
Prakash Aher
Prakash Date:
Aher 2018.08.31
rpa 2/4 912-aba-1686-18.doc

(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

the accused.
rpa 3/4 912-aba-1686-18.doc

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

rpa 4/4 912-aba-1686-18.doc

4 Hence, I pass the following order:

:: O R D E R ::

(i) Anticipatory Bail Application No.1686 of 2018,

is allowed;

(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.


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