7.A BA -791-2021.doc

IN TH E H IG H C O U RT O F JU D IC A TU RE A T BO M BA Y

BEN C H A T A U RA N G A BA D

A nticipatory Bail A pplication N o. 791 / 2021

G aus M ohiyoddin A ttar

.. A pplicant

Versus.

The S tate of M aharashtra

.. Respondent

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M r. M adake D atta A ., Advocate for A pplicant.

M r. A .V . D eshm ukh, A PP for State/Respondent.

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C O RA M

: S A N D EEP K. S H IN D E J.

D A TE

: 28^th JU LY, 2021.

[ Through V ideo C onference ]

Per C ourt : -

H eard.

1.

O n 1^st M arch, 2021, C om plainant reported to Police that her

daughter w as m issing and on further enquiry and search, revealed

that her daughter left the house quietly and secretly w ith the

valuables w orth around Rs. 25 Lacs equivalent to about 74 Tolas of

G old. It w as registered as a m issing com plaint no. 05/2021. Enquiry

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in m issing com plaint, revealed that C om plainant’s daughter m arried

to brother of A pplicant, a person of other relegion, at H yderabad. In

the backdrop of these facts, on 31^st M ay, 2021, C om plainant reported

to Police that her daughter and brother of A pplicant in collusion,

com m itted theft of the ornam ents w orth around Rs. 25 Lacs.

W hereafter the C rim e N o. 88/2021 w as registered w ith M arkhel Police

S tation under S ection 379 of the Indian Penal C ode, 1860.

2.

In context of the facts of the case and in view of the m issing

report, filed by the C om plainant on 1^st M arch, 2021, prim a-facie, the

A pplicant has been im plicated after upon reconsideration of the facts

that is afterthought. In view of the facts stated above, a case is

m ade out for granting the pre-arrest protection to the A pplicant.

Thus, the follow ing order.

O R D E R

(i)

In the event of arrest of the applicant, he shall be released on

bail on executing P.R. Bond in the sum of Rs.25,000/-, w ith one or

m ore sureties in the like am ount;

(ii) The applicant shall furnish his residential address as w ell as

perm anent address and contact details to the Investigating O fficer

forthw ith;

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(iii) The applicant shall report to the Investigating O fficer on 31 ^st

July, 2021 and thereafter on 2^nd, 4^th, 6^th and 8^th A ugust, 2021

betw een 11:00 a.m . to 01:00 p.m . and also join the investigation as

and w hen called by the Investigating O fficer;

(iv) The applicant shall not tam per w ith the evidence or attem pt

to influence or contact the com plainant, w itnesses or any person

concerned w ith the case;

3. A pplication is allow ed and disposed of.

4. It is m ade clear that observations m ade hereinabove be

construed as expression of opinion only for the purpose of granting

bail and the sam e shall not in any w ay influence the trial in other

proceedings.

(S A N D EEP K. S H IN D E , J.)

Najeeb...

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