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Mohammad Danish Mohammad Hanif … vs The State Of Maharashtra on 25 November, 2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 712 OF 2019

Mohammad Danish Mohammad
Hanif Zariwala …Applicant
V/s.
The State of Maharashtra
anr. ….Respondents

****
Mrs. Noorseema M.U. Baig, Advocate for the
applicant.
Mr. S.R. Agarkar, APP for State-respondent no.1
Ms. Vilasini Balasubramanian, Advocate for
respondent no.2.
P.I. Mr. Kshirsagar, Mumbra Police Station present.

CORAM : SANDEEP K. SHINDE, J.
Monday, 25th November, 2019.

P.C. :

1. Heard learned Counsel for the parties.

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2. Complainant is the wife of the applicant.
She alleged on 17th January, 2019 the applicant asked
her to abort the fetus and when she refused, he
inflicted kicks in her stomach. The complainant was
admitted to the Kalsekar Hospital. The complainant
has delivered a baby child on 11th August, 2019.

3. The applicant and his family members are
the accused in the offences punishable under
Sections 323, 325, 498A, 504 read with Section 34 of
the Indian Penal Code. The other accused are
released on anticipatory bail by the learned
Sessions Court, except this applicant.

4. This Court on 22nd March, 2019 granted the
interim relief and the same is continued from time
to time. Learned APP on instructions submits that
the investigation is over.

5. The learned Counsel for the complainant is
apprehending threats to the newly born child at the
applicant’s hands. In view of this apprehension,

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the applicant is directed not to enter the
jurisdiction of Kurla Police Station and make any
attempt to contact the complainant.

6. In view of the facts and since the
investigation is over, the following order is
passed :
ORDER

(i) The Anticipatory Bail Application is allowed.

(ii) In the event of the arrest of the applicant
arrested in Crime No. I-37-2019 registered by
Mumbra Police Station for the offences punishable
under Sections 323, Section325, Section498A, Section504 read with Section
34 of the Indian Penal Code, is directed to be
released on bail on furnishing P.R. Bond of
Rs.25,000/- (Rs. Twenty Five Thousand only) with
one or two sureties in the like amount.

(ii) The applicant shall attend the concerned
Police Station as and when called.

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(iii) The applicant shall furnish the particulars
of his latest place residence and mobile contact
number and/or change of residence or mobile
details, if any, to the Investigating Officer of the
Police Station concerned within seven days from
today;

(iv) The applicant shall not tamper with the
evidence or attempt to influence or contact the
complainant, witnesses or any person concerned with
the case.

7. The Anticipatory Bail Application stands
disposed off in above terms.

(SANDEEP K. SHINDE, J.)

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