Bombay High Court
Imtiyaz Fazaluhaque Khan vs The State Of Maharashtra on 6 October, 2018
Author: Prakash D. Naik
Bench: Prakash D. Naik
Sknair 918-aba-2065-18.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2065 OF 2018
Imtiaz Fazalulhaque Khan ... Applicant
Vs.
State of Maharashtra ... Respondent
...
Mr. M.K. Dubey for the applicant.
Mr. A.R. Kapadnis, APP for the Respondent-State.
Mr. Tanaji Kolthe, PSI Oshiwara Police Station is present.
...
CORAM : PRAKASH D. NAIK, J.
DATE : 6th OCTOBER, 2018.
P.C.
1. This is an application for anticipatory bail in connection with
CR No. 408 of 2018 registered with Oshiwara Police Station for
the offences punishable under Sections 354(A), 509 and 506 of
Indian Penal Code and Section 12 of POCSO Act.
2. The complainant is the niece of the applicant who is aged
about16 years. FIR was lodged on 15 th September, 2018. It is
alleged there was a dispute over the property between the
applicant and the family of the complainant. Applicant is the
uncle of the victim. On 15th September, 2018 the complainant was
proceeding to Okaz Shopping Centre at Andheri to attend birthday
celebrations of her friend Humaira. At that time complainant met
her friend Humaira and while talking to her, the applicant accused
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who was standing near Okaz Shopping Center called her.
Humaira stood aside. Accused told complainant that she should
go to Mahim and should not come to that area. It is further
alleged that applicant thereafter abused the complainant in filthy
language and used obscence words as reflected in the First
Information Report and threatened her for the cool response given
by the complainant to him and stating that she should not show
attitude, otherwise acid will be thrown on her face. Subsequently,
FIR was lodged.
3. Case of the applicant is that the complainant is the daughter
of his real brother. His real brother and the applicant's son were
murdered. The accused involved in said murder were closely
associated with Hmaira. Sole intention of the applicant was to
inform the complainant that she should keep herself away from
Humaria. It is further submitted that taking the allegations as it is,
the offence under Section 354A of Indian Penal Code is not made
out. It is also submitted that there is no physical assault and only
on the basis of abusive words Section 12 of POCSO Act and
provisions of Penal Code has been invoked against the applicant.
Application preferred by the applicant before the Sessions Court
has been rejected.
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4. Learned APP submits that the accused has issued threat of
throwing acid on the face of the complainant and also used
abusive language against her.
5. It is apparent according to complainant there is dispute
between the applicant and the family of complainant. The
applicability of Section 12 of POCSO and Section 354 is debatable.
Considering the nature of allegations, applicant can be directed to
co-operate with the investigation. Presently, interim protection
can be granted to the applicant.
ORDER
i) In the event of arrest of applicant in connection with C.R. No.408 of 2018 registered with Oshiwara Police Station, the applicant be released on bail on furnishing P.R. Bond of Rs.20,000/- with one or more sureties in the like amount.
ii) The applicant shall attend Oshiwara Police Station, as and when called by the Investigating Officer till the next date of hearing;
iii) This interim protection is granted till next date of hearing.
6. Stand over to 22nd October, 2018.
( PRAKASH D. NAIK, J. ) Digitally signed by Sachidanand Kuttan Nair Sachidanand Kuttan Nair Date:
2018.10.11 10:47:08 +0530 3 of 3