IN THE COURT OF SESSIONS, BORIVALI DIVISION, DINDOSHI, GOREGAON, MUMBAI. ANTICIPATORY BAIL APPLICATION NO.1945 OF 2022

1.Taufique Yusuf Khan
Aged about 38 years, Indian Inhabitant, residing at
301, Vrundavan Plaza,
Ekta Nagar, Desale Pada,
Nandivali, Dombivali(East), Kalyan, Dist. Thane­421 301.

2.Mrs. Zubeda Yusuf Khan Aged about 71 years, Indian Inhabitant

3.Mrs. Tabassum Rizwan Khan Aged about 35 years, Indian Inhabitant, Both are residing at Room No.06, Ground Floor, Kashyap Apartment, A­Wing, Uday Nagar, Near Parsik Tunnel, Mumbra, Dist. Thane 400 612. … Applicants

Versus

State of Maharashtra (Sakianka Police Station, Mumbai in CR No.2261 of 2022) …Respondents

Shri Maurya, Advocate for applicants.

Shri Ambekar, Addl. PP for the State/respondents.

CORAM: His Honour Additional Sessions Judge Shridhar M. Bhosale (C.R.No.1) DATE : 6th January, 2023.

:ORDER:

1.This is an application under Section 438 of Code of Criminal Procedure(hereinafter referred as “Cr.P.C.”) for anticipatory bail on apprehension of their arrest in connection with C.R.No.2261 of 2022
registered at Police Station, Sakinaka for the offences under Section 498­A, 323, 504 r/w 34 of the Indian Penal Code (hereinafter referred as ‘IPC’).

2.Perused the application and say. Perused the documents filed by applicants and investigation papers.

3.In short, informant got married with applicant No.1 on 16.11.2015. Prior to said marriage, informant and applicant No.1 got acquainted in a train on 19.12.2013 and informant has paid Rs.50,000/­ to applicant No.1 to book a room. It is alleged that after the marriage she was subjected to cruelty for demand of money and to spend for household articles. Applicant No.1 was not looking after informant and her child.

4. The prosecution has challenged the application mianly on the ground that in case applicants are released on bail, they may tamper the evidence.

5. On consideration of FIR and investigation material, it could be seen that allegations are general in nature. Moreover, it is to be noted that there is no any allegation of taking any articles or ornaments of informant by applicants and thereby committing any offence under Section 406 of IPC. Therefore, considering nature of offence and the allegation, in my considered opinion, there is no need of custodial interrogation. Hence, I pass following order:

ORDER

1.Anticipatory Bail Application No.1945 of 2022 is hereby allowed.

2.In the event of arrest, applicant­accused No.1 Taufique Yusuf Khan, applicant­accused No.2 Mrs. Zubeda Yusuf Khan and applicant­accused No.3 Mrs. Tabassum Rizwan Khan, in connection with CR No.2261/2022, registered with Police Station, Sakinaka for the offences punishable under Sections 498­A, 323, 504 r/w 34 of Indian Penal Code, they be released on executing PR Bond of Rs.15,000/­ (Rs. Fifteen Thousand only) each and the like amount with one surety each.

3.Applicant­accused No.1 Taufique Yusuf Khan, applicantaccused No.2 Mrs. Zubeda Yusuf Khan and applicant­accused No.3 Mrs. Tabassum Rizwan Khan, shall report to the police station, Sakinaka from 9.1.2023 to 11.1.2023 in between 11.00 a.m. to 1.00 p.m. and shall co­operate to the Investigating officer as and when required.

4.Applicant­accused No.1 Taufique Yusuf Khan, applicant­ accused No.2 Mrs. Zubeda Yusuf Khan and applicant­accused No.3 Mrs. Tabassum Rizwan Khan, shall not tamper with the evidence.

5.Anticipatory Bail Application No.1945 of 2022 stand disposed off accordingly.

Digitally signed (Sridhar M. Bhosale) 6.1.2023 by SHRIDHAR MAHADEO Additional Sessions Judge, BHOSLE Sessions Court, Date: 2023.01.06 Dindoshi, Mumbai. 17:55:51 +0530 Date of dictation : 6.1.2023 Date of transcription by steno : 6.1.2023 Signed on : 6.1.2023 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” Mrs.S.A.Kapare 6.1.2023 at 5.50 p.m. STENOGRAPHER(Grade­I) UPLOAD DATE AND TIME NAME OF STENOGRAPHER Name of the Judge (With Court H.H.1st A.P.J. Shridhar M. Bhosale Room No.) Court Room No.1 Date of pronouncement of 6.1.2023
Judgment/Order Judgment/Order signed by P.O. on 6.1.2023 Judgment/Order uploaded on 6.1.2023

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