Bombay High Court
Mubashshara Khan vs The State Of Maharashtra on 18 April, 2022
Bench: Anuja Prabhudessai
3 aba 996-22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 996 OF 2022
Mubashshara Khan ..Applicant
v/s.
The State of Maharashtra . ..Respondents
Mr. Anmol Bartaria for the Applicant.
Miss. Amani Khan for the Intervenor.
Mr. M.G. Patil, APP for the State.
CORAM : ANUJA PRABHUDESSAI,J.
DATED : 18th APRIL, 2022.
P.C.
1. Learned Counsel for the Applicant seeks leave to implead the
Complainant as Respondent No.2. Leave granted. Amendment to be
carried out forthwith.
2. Miss Khan, waives service on behalf of Respondent No.2.
Counsel for the Applicant to furnish copy of the Application to the
Intervenor.
3. The Applicant herein seeks pre-arrest bail in Crime No. 80 of 2022
registered with Oshiwara Police Station, for the offences under Section
354, 323, 504, 506, 509 r/w. 34 of Indian Penal Code and Section 8 and
12 of the POCSO Act.
4. The aforesaid crime is registered pursuant to the first information
report lodged by Taslima Wahid Khan, who was married to Hanif Abdul
Latif Khan in the year 2003. They have a 12 years old son from the said
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3 aba 996-22.doc
marriage. The Complainant and her husband had divorced in the
month of March 2019, and thereafter said Hanif married the Applicant in
the year 2019.
5. The records prima facie indicate that the Complainant had lodged
a complaint against her husband for offence under Section 498A of IPC.
The learned Addl. Judicial Magistrate, Pratapgadh, Rajasthan, has
acquitted her husband Hanif of the said offence vide judgment dated
04.12.2021.
6. The complaint prima facie indicates that after the marriage,
Applicant and said Hanif were residing separately in Room
No.104,Minar Tower, Momin Nagar, Jogeshwari. The Complainant
has alleged that her minor son had stayed with her husband Hanif and
the Applicant from 04.01.2022 to 22.01.2022. She claims that when she
had gone to the house of her ex-husband on 04.02.2022 to collect the
mobile phone of her son, her brother-in-law and the Applicant abused
her and outraged her modesty. She claims that on 05.02.2022 her son
told her that the Applicant herein had sexually abused him on
04.02.2022. The complaint regarding the said incident is lodged on
18.02.2022. There is considerable delay in lodging the FIR. Moreover,
considering the strained relation between the Complainant and her ex-
husband and his second wife, i.e. the Applicant herein, in my considered
view, this will be a fit case for grant of interim bail. Hence, the
following order:-
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3 aba 996-22.doc
(i) In the event of arrest of the Applicant in Crime No.80 of 2022 of
Oshiwara Police Station, the Applicant be released on interim bail on
furnishing P.R. bond of Rs.25,000/- (Rupees Twentyfive Thousand
Only) with one or two solvent sureties in the like amount, to the
satisfaction of the Investigation Officer.
(ii) The Applicant shall report to the Investigating Officer for two days
on 21st and 22nd April, 2022 fro 11.00 a.m. to 2.00 p.m. for the purpose of
investigation and interrogation.
(iii) The Applicant shall provide his permanent as well as temporary
address, if any, and his contact details to the Investigating Officer.
. Stand over to 02.05.2022.
Digitally signed
by PRASANNA
P
PRASANNA P SALGAONKAR
SALGAONKAR
Date:
2022.04.19 (ANUJA PRABHUDESSAI, J.)
21:09:17 +0530
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