Order below Exh.1 in Bail Application No. 1211/2022 1/
Mohasin Rauf Shaikh & Others 8 .. Applicants/ Accused.
Vs.
The State of Maharashtra through Police Inspector, Mumbai Naka Police Station, Nashik. .. Prosecution C.R.No.169/2022.
Order below Exh. 1
1.The applicants/accused have claimed anticipatory bail in the event of their arrest in C.R. No. I198/2022 for the offences punishable under Sections 498A, 323, 504 r/w. 34 of the Indian Penal Code registered with Mumbai Naka Police Station, Nashik.
2.Heard Learned Advocate Shri P.M.Gadekar, for the applicants and learned A.P.P. Smt. Sangale for the State. Perused the papers of investigation.
3.It is the case of the prosecution that the applicants being husband and inlaws of the informant, have illtreated and harassed her for unlawful demand and treated her with cruelty.
4.It appears from FIR that it is lodged on 18.07.2022. Learned Advocate for the applicants pointed out that the marriage between applicant No.1 and informant was solemnized on 14.03.2021 and since 17.07.2021 informant was residing with her parents. On perusal of record, it reveals that the allegations in the complaint for the period of 12.04.2021 to 17.07.2021. The report is lodged on 18.07.2022. Delay in lodging report is not explained. General allegations are made without there being any specification. Prima facie dispute appears to be marital in nature.
5.Now, investigating officer has filed a say and raised formal objections. The ld. Advocate for the Applicants submitted that the applicants do not have criminal antecedents. They are reputed person. They are ready to abide any conditions on grant of bail and will cooperate the investigation. Therefore, considering all these aspects, this Court is of the view to grant the anticipatory bail to applicants.
Hence, the order.
::O R D E R::
1] The application ( Exh. 01) is allowed.
2] In the event of arrest of the applicants Mohasin Rauf Shaikh, Abdul Karim Raufshaikh Shaikh, Saira Raufshaikh Shaikh and Faiyaz Shaikh in Crime No.I198/2022 of Mumbai Naka Police Station, Nashik for the offences punishable under sections 498A, 323, 504 r/w. 34 of IPC, they be released on adinterim anticipatory bail in sum of Rs.15,000/ (Rupees Fifteen Thousand only) each with a surety in the like amount subject to conditions that :a] That the applicants shall make themselves available for interrogation by the Investigation Officer as and when required under written intimation.
b] The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of accusation, so as to dissuade them from disclosing such facts to the Court or to any Police Officer.
3] Inform P.S.O. concerned accordingly.
Digitally signed by ADITEE ADITEE UDAY UDAY KADAM KADAM Date: 2022.10.11 17:45:04 – 0600 Nashik (Aditee U. Kadam) Date : 07.10.2022. Additional Sessions Judge2, Nashik.