Ethape 1 ABA.409.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO.409 OF 2021

WITH

INTERIM APPLICATION NO.743 OF 2021

Adnan Shaukat Ali and Ors.

.. Applicants

Vs.

The State Of Maharashtra

.. Respondent

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Mr.Abdul Hafees Coatwala i/b. M/s.Sumaria Legal Associates,

Advocate for Applicants.

Ms. Dhruti M. Kapadia, Advocate for the Applicant in IA.

Mrs. M. R. Tidke, A.P.P. for the State-Respondent.

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CORAM : PRAKASH D. NAIK, J.

DATE : 4^th MARCH, 2021

PC.

1.

The Applicants are apprehending arrest in connection

with C.R. No. 568 of 2020 registered with Nagpada Police

Station for the offences punishable under Sections 376(N),

506, 504, 323 and read with Section 34 of the Indian Penal

Code (for short “IPC”) and Section 4, 8, 10 of Protection of

Children from Sexual Offences (POCSO) Act, 2012. The First

Information Report (for short “FIR”) was registered on

24.12.2020.

2.

The

case

of

the

prosecution

is

that

the

complainant/victim has lost eyesight in her childhood. In 2013

one person came to her house. She was sexually assaulted by

Ethape 2 ABA.409.2021

him. She shouted. Her sister came. Name of accused was

Adnan. The victim’s sister questioned him. He ran away. The

victim was frightened. She did not disclose about the sexual

assault to her sister. She did not disclose the incident to her

mother. After the period of about 10 days, the sister of the

victim took her in confidence and inquired with her and at that

time she told her that Adnan had molested her and subjected

to sexual intercourse. The victim told her sister not to disclose

the incident to her mother. The victim came to know that her

brother Rahil had performed marriage with Sadaf. She is

sister of Adnan. The victim’s mother had gone to Australia.

She returned to India after three months. The victim was sent

to Islamic School, at Gujrat for learning Arabic language. She

was brought to Mumbai. The victim, her brother and sister

were taken to Australia. The victim was attending school to

learn Arabic language. In 2018 all of them returned to

Mumbai. The wife of Rahil was taunting her that she is blind.

Victim was assaulted by her. Rahil’s wife used to fight with

her parents and brothers. She had lodged complaint against

the victim’s mother, brother and his friend. The victim’s

mother and brother were arrested by Police. In November 2020

the victim had visited Court along with her father. Wife of her

brother Sadaf, her father, Adnan and Aafan had visited Court.

Aafan abused her. Adnan reminded her about incident of 2013

and

threatened

her.

Sadaf

threatened

her

that

her

objectionable video would be made viral. Thereafter they

Ethape 3 ABA.409.2021

returned home. The victim told her mother about incident of

2013 and that Adnan, Aafan and Sadaf abused her in Court.

She was scared of Adnan. The complaint was lodged on

24.12.2020. FIR was registered on 25.12.2020.

3.

The applicants preferred an application for anticipatory

bail before the Court of Sessions. The said application was

rejected by order dated 04.02.2021.

4.

Learned advocate for the applicants submitted that there

is delay in lodging FIR. The complaint is false. There is no

explanation for registering FIR belatedly. The victim is sister-

in-law of applicant No.3. There is dispute between husband of

applicant No.3 (brother of complainant) and applicant No.3.

The applicant No.3 is house wife. She is m