Allowed anticipatory bail application of accused facing charges of dowry harassment and cruelty under IPC sections 498A, 323, 504, 406 r/w. 34, granting pre-arrest bail on specific conditions.
Anticipatory bail allowed with condition to appear at police station and not harass informant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
905.ABA1008_2014.doc
Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 1008 OF 2014
Abdul Akbar Alotwala … Applicant
vs.
The State of Maharashtra … Respondent
Mr. Ramesh Dube-Patil i/b. M/s. Jay & Co., Advocate for the applicant. Mr. Y.M. Nakhwa, APP for the State.
Mr. Mrunal B. Pandya, Advocate for first informant. I.O. Mr. G.F. Ingale, P.S.I., Bhadrakali Police Station, Nashik.
CORAM : MRS. MRIDULA BHATKAR, J. DATE : 14th August, 2014.
P.C.
This Application is moved for anticipatory bail by the
applicant/accused, who is facing charges under sections 498A, 323, 504, 406 r/w. 34 of the Indian Penal Code in C.R. No. 179 of 2014 registered with Bhadrakali Police Station, Nashik on 4th June, 2014.
marriage, the mother-in-law asked her to get out of the house. Her
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905.ABA1008_2014.doc
husband was to be operated, so he demanded money from her brother. Her brother gave Rs. 30,000/-. Thereafter, her husband went to Africa at Kampala for job. However, he did not return her 6 to 7 tolas of gold ornaments. She started residing with her mother-in-law at Nashik. Her mother-in-law used to torture her. Out of the wedlock, they have a daughter named Insiya. In the absence of her husband, her brother-in-law and sister-in-law used to abuse and ill-treat her. Her in-laws assaulted her. They also demanded Rs.60,000/- from her parents. Hence, she lodged the complaint.
He submitted that the informant/wife is not ready to to go to Kampala to reside with her husband.
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905.ABA1008_2014.doc
O R D E R
(ii) In the event of arrest, the applicant/accused be enlarged on bail on furnishing P.R. Bond in a sum of Rs.10,000/with one surety in the like amount.
(iii) The applicant/accused shall attend the concerned police station on 16th August, 2014 between 4 p.m. to 5 p.m. till the filing of the charge sheet and shall cooperate the investigating officer.
(iv) The applicant/accused shall not pressurize or harass the first informant.
(MRS.MRIDULA BHATKAR, J.)
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1 provisions across 1 enactments
Abdul Akbar Alotwala
The State of Maharashtra
Mridula Bhaktar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
