Allowed

M.a.Saleem Qureshi v. The State of Telangana

Telangana HC7 Apr 2021CRLP/1949/2021

Case brief

AI extract

What is this about?

This is an anticipatory bail petition filed by two accused persons in a case involving kidnapping and sexual offence. The High Court granted anticipatory bail on conditions including surrender within 15 days, appearance before investigating authorities, and not intimidating witnesses.

What did the court decide?

Granted anticipatory bail on surrender within 15 days, bond execution, appearance before investigating authorities, and prohibition of intimidation.

M.a.Saleem Qureshi Vs The State of Telangana — Anticipatory Bail | Telangana HC (2021)

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[31581

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD w-r' WEDNESDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY ONE

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:PRESENT:

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THE HONOURABLE JUSTICE G SRI DEVI^-. CRIMINAL PETITION NO: 1949 OF 2021

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Between:

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y'. M.A.Saleem Qureshi, S/o. Mohammed Abdul Zaleel Qureshi

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y'/Zaheer @ Abdul Rasheed Qureshi, S/o. Mohd. Abdul Jaleel Qureshi

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...P6titioners/Accused Nos.2 and 4

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AND

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I,he^{State of Telangana, rep. by the Public Prosecutor, High Court for the Stat of} /Telangana at Hyderabad through S.H.O., Adilabad I Town P.S., Adilabad District.

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...RespondenUComplainant

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Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the grounds filed in support of the Criminal Petiiion-, the High Court may be pleased to^/ enlarge the Petitioners/Accused Nos.2 and 4 on anticipatory bail in the event of their arrest in connection with Crime No.3 of 2021 of Adilabad I Town P.S, Adilabad District. //

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The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Mr. N. HARINADH Advocate forthe Petitioners and of PUBLIC PROSECUTOR forlhe Respondent, the Court made the following.

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ORDER:

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HONOURABLE JUSTICE G. SRI DEVI

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CRIMINAL PETITION No.t949 0F 2021

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ORDER:

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This Criminal Petition, under Section 438 of the Corle of Criminal Procedure, 1973 (Cr.P.C.), is filed by the petitioners/A-2 and A-4, for grant of anticipatory bail in Crime No.3 of 2O2l of P.S. Adilabad Town, Adilabad District, registered for the offences punishable under Sections^.1 17, 42O, 376 and 5O6 read with Section 34 of the Indian Pt:nal Code.

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Heard the learned counsel for the petitioners/A-2 rmd A-4, the learned Additional Public Prosecutor representing the respondent-State and perused the record.

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In the FIR, it is inter alia stated that the de facto complainant lodged a complaint stating that under the guise of performing marriage, A- 1 forcibly participated in sexua-l intercourse with her and when she raised her voice to perform marriage, the petitionerslA-2 and A-4 and one Aleem tried to kill her by throttling her neck and threatened her ',vith dire consequences if she takes any legal action. Hence, the complaint.

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Learned counsel for the petitioners/A-2 and A-;l would submit that the petitioners are innocent persons and never committed any offence as alleged by the respondent-police. It is further submitted that the petitioners are law-abiding citizens and have nothing to do with the alleged offencr:.

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Further, they are ready to give sufficient sureties to the satisfaction of this Court to secure their presence on each and every date of hearing to face the trial and a-lso ready to abide by the terms and conditions if any that may be imposed by this Court for their release. Hence, he prayed to grant anticipatory bail to the petitioners/A-2 and A-4.

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Learned Additional Public Prosecutor representing the respondent-State opposed to grant anticipatory bail to the petitioners/A-2 and A-4.

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Having regard to the facts and circumstances of the case and as it is not specifically mentioned in the complaint as to on which date the petitionerslA-2 and A-4 throttled the neck of the de facto complainant and threatened her with dire consequences if she takes any legal action, this Court is inclined to grant anticipatory bail to the petitioners/A-2 and A-4 on some conditions.

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Accordingly, the Criminal Petition is allowed and the petitioners/A-2 and A-4 are directed to surrender before the Station House Officer, P.S. Adilabad Town, Adilabad District, within a period of 15 days from the date of this order. On such surrender, the said Station House Officer shall release the petition ers I A-2 and A-4 on bai1, on their executing personal bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) each with two sureties for a like sum each to his satisfaction. On such release, the petitioners/A-2 and

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A-4 shall appear before the investigating authorities on every Saturday between 10.00 am and 5.00 pm till completion of investigation and filing of charge sheet and shall also zrbide by the conditions stipulated in Section 438(2) Cr.P.C and cooperate with the investigating officer in investigating the case. Further the petitionerslA-2 and A-4 shall not threat, coerce or intimidate the de facto complainant or an/ other prosecution witnesses.

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Miscellaneous applications, if any, pending sha1l stand c1o sed.

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DBVI Sd/.^T.TIRUMA.LA i TR{R ]ASSIST,\NT^R.EGIS

/,TRUE^COPY'I

sEclafi OFFICER

To,

l.TheJudicialFirstClassMagistrateatAdilabadDistrict'

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The^S.H.O '^{P S' AdilabadlTownAdilabad District'} a. On"^{CC to M/s N HARINADH' AdvocatetO'^Utf.} 4 Two CCs^{to PU-BLIC PROSECUTOR' High Court for the State of Telangana at} Hyderabad^[OUlI

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One^{sPare coPY} ZEE

HIGH COURT

GSDJ

DATED:07/041202'l

ORDER

CRLP.No.1949 ot 2021

ffi
a 1l
APq

BAIL

M.a.Saleem Qureshi v. The State of Telangana

Case brief

What is this about?

What did the court decide?

M.a.Saleem Qureshi v. The State of Telangana

Case brief

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What did the court decide?

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