Sarfaraj Yusuf Kasmani S/O Yusuf Kasmani vs State of Maharashtra

2. This is an Application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed by husband seeking Anticipatory Bail in connection with First Information Report No. 787 of 2024 (for short ‘ FIR ’) filed by wife on 31.08.2024 registered with Rabodi Police Station, Thane under Section 498-A read with Section 34 of Indian Penal Code, 1860 interdicting five Accused. Accused No.1 is husband and Accused Nos.2 to 5 are his parents, sister and brother.

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3. In the FIR which is appended at page No.14 of Application, it is seen that there is only one incident which has been stated by Complainant of she having been driven out of the house four months

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after her marriage. Parties got married on 21.01.2024 and it is seen that Complainant has complained that on 27.04.2024, there was an altercation between Applicant and Complainant upon which she lodged non-cognizable complaint but thereafter she went back to house of Applicant and then according to her she was driven out of house three days later. According to Applicant, Complainant left the house on her own volition. Complaint is lodged four months thereafter.

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4. There is nothing incriminating in the Complaint as filed by Complainant which can prima facie persuade me to consider custodial interrogation of Applicant. Accused Nos.2 to 5 have already been granted bail by learned Sessions Court vide order dated 04.01.2025 which is appended at page No.23 of the Application. There is no element of physical or mental torture whatsoever that can be ascertained or from the reading of the Complaint and statement of Applicant.

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5. In that view of the matter, Anticipatory Bail Application stands allowed in terms of prayer clause (a), however subject to the following terms and conditions:-

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(i) In the event of the arrest, Applicant be enlarged

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on bail on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount;

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(ii) Applicant shall report to the Investigating Officer at concerned Police Station as and when called for by the Investigating Officer for investigation;

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(iii) Applicant shall furnish particulars of his address and mobile number to the Investigating Officer within one week from today;

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(iv) Applicant shall not misuse his liberty in any manner or influence the informant, witnesses or any person concerned with the case and he shall not tamper with the evidence;

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