(34)-ABA-703 & 737-22.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO.703 OF 2022

Sajid Nasir Khan

..Applicant

Versus

State of Maharashtra

..Respondent

WITH

ANTICIPATORY BAIL APPLICATION NO.737 OF 2022

Sameer Nasir Khan

..Applicant

Versus

State of Maharashtra

..Respondent

Mr. Satish R. Soni, for the Applicant in both Applications.

Ms. P. N. Dabholkar, APP for the Respondent/State.

Mr. Viral Rathod a/w Saima Sothe, for the Intervenor.

Mr. D. D. Dhene, HC, Nagothane, Police Station, Raigad.

CORAM : NITIN W. SAMBRE, J.

DATE : 13^th SEPTEMBER, 2022

P.C.

1.

The first application is by the husband, whereas

the second is by the brother-in-law. The prosecution story

against the applicant is, the applicant – Sajid was married

to the complainant on 2^nd August, 2021.

2.

Admittedly, Nasir, father of both the applicants is

residing in foreign country. It is claimed that after the

marriage, the applicant has committed an offence under

BGP.

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BALAJI

GOVINDRAO

PANCHAL

Digitally

signed by

BALAJI

GOVINDRAO

PANCHAL

Date:

2022.09.15

10:18:07

+0530

(34)-ABA-703 & 737-22.doc.

Sections 377, 498-A, 406, 323, 504, 506 r/w 34 of IPC and

Section 66A of the Information Technology Act.

3.

The complainant and applicant–Sajid were in

physical relationship before their marriage.

4.

It appears that there was matrimonial discord

which has resulted in the offence.

5.

Prayer for grant of pre-arrest bail is opposed by

counsel for the complainant on the ground that apart from

the fact that jewellery was not returned even dowry

amount received was not recovered.

6.

The fact remains that both the applicants were

subjected to medical examination. After their inquiry

during investigation, charge-sheet in the matter is already

filed.

7.

In the aforesaid background, in my opinion,

having regard to the nature of allegations in the FIR,

applicants deserve to be released on bail in the event of

their arrest.

8.

As such, in the event of arrest, applicants are

directed to be released on bail on furnishing PR bond of

Rs.15,000/- each with one or more sureties in the like

BGP.

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(34)-ABA-703 & 737-22.doc.

amount.

9.

Applicants shall neither influence the witnesses

in any manner nor tamper with the evidence.

10.

Since the charge-sheet is filed, attendance of the

applicants before the Investigating Officer is dispensed

with.

11.

The applications as such stand disposed of.

[NITIN W. SAMBRE, J.]

BGP.

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