In an anticipatory bail application regarding offences under the IPC related to a matrimonial dispute, the High Court allowed withdrawal by the first applicant and granted pre-arrest bail to the second applicant with conditions.
Bail granted to Imran Amin Kapoor on P.R. bond of Rs. 25,000 with sureties; withdrawal allowed for Irfan Amin Kapoor.
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.
Darshan Patil
904-aba-17-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 17 OF 2023
Adv. Shadab Khopekar for the Applicant.
Mr. N. B. Patil, APP for the State.
PSI Ravindra Kadam, Pelhar Police Station is present.
CORAM : M. S. KARNIK, J.
DATE : JANUARY 5, 2023
P.C. :
1. Heard learned counsel for the applicants and the learned APP.
2. This is an application for pre-arrest bail. The applicants are apprehending arrest in connection with First Information Report (“FIR”, for short) No. 864 of 2022 dated 13/10/2022, registered with Pelhar Police Station, for the offence punishable under sections 498(A), 323, 504, 506 read with 34 of the Indian Penal Code, 1860.
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3. Learned counsel for the applicants seeks leave to withdraw the application on behalf of the applicant no. 1. The application is allowed to be withdrawn on behalf of the applicant no. 1 – Irfan Amin Kapoor.
4. So far as applicant no. 2 – Imran Amin Kapoor is concerned, he is the brother in law of the complainant. The allegations of the complainant are related to matrimonial dispute and demand for dowry by the in-laws of the complainant. It is alleged that the husband of the complainant i.e applicant no. 1 was assaulting the complainant and there was a demand for dowry. So far as the applicant no. 2 is concerned, the allegations are general in nature and it appears that the in-laws of the complainant have been roped in.
5. The custodial interrogation of the applicant no. 2 is not necessary. The applicant no. 2 can be granted prearrest bail. Hence, the following order.
O R D E R
(a) In the event of arrest of the applicant no. 2 - Imran Amin Kapoor in connection
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with C.R. No. 864 of 2022 dated 13/10/2022, registered with Pelhar Police Station, the applicant no. 2 – Imran Amin Kapoor, be released on bail on his furnishing P.R. Bond in the sum of Rs.25,000/- with one or more sureties in the like amount;
(b) The applicant no. 2 – Imran Amin Kapoor shall report to the Investigating Officer of the concerned Police Station on 09/01/2023 and 10/01/2023 between 11.00 am and 01.00 pm and thereafter as and when called;
(c) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and should not tamper with evidence.
6. So far as the applicant no. 1 is concerned, the application stands withdrawn.
7. The application is allowed in the aforesaid terms and accordingly disposed of.
(M. S. KARNIK, J.)
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3 issues framed by the court
Whether anticipatory bail should be granted to applicant no. 2 amidst allegations of matrimonial dispute and dowry.
The handling of the withdrawal of the bail application by applicant no. 1.
Conditions for release on bail including bond amount and reporting instructions.
1 provisions across 1 enactments
Irfan Amin Kapoor
Imran Amin Kapoor
The State of Maharashtra
M. S. KARNIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
