Bombay High Court
Khalid Umar Mohammad Haneef vs The State Of Maharashtra on 12 January, 2021
Author: Sarang V. Kotwal
Bench: Sarang V. Kotwal
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.24 OF 2021
Khalid Umar Mohammad Haneef ... Applicant
Versus
State of Maharashtra ... Respondent
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Mr. Mahendra N. Sandhyanshiv, Advocate for the Applicant.
Mr. Narayan R. Bubna, Advocate for the original complainant
/Intervenor.
Mr. Ajay Patil, APP for the Respondent-State.
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CORAM :- SARANG V. KOTWAL, J.
DATE :- 12th JANUARY, 2021
P. C. :-
1. Leave to amend is granted. Amendment to be carried
out forthwith.
2. The Applicant is seeking anticipatory bail in connection
with C.R.No.460/2020 registered at Killa Police Station, Malegaon,
on the allegations of commission of offence of rape under Sections
376, 377, 504 and 506 of the Indian Penal Code.
3. The FIR is lodged by the Applicant's divorced wife on
the allegations that inspite of their divorce, the Applicant
continued visiting her. They had a child aged five years. On
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30.11.2020, the Applicant came to her house, abused her and
committed rape at the point of knife. There are allegations of
unnatural sex also. On this basis, the prosecutrix tried to file FIR,
but, it was not recorded by the police. Therefore, the prosecutrix
approached the Court of J.M.F.C., Malegaon and an order under
Section 156(3) of Cr.P.C. was passed. Pursuant to which the FIR
was lodged.
4. Learned Counsel for the Applicant submitted that the
manner in which the incident is described; it is impossible that the
offence could have taken place. She had filed a complaint under
Protection of Women from Domestic Violence Act against the
Applicant and his family members and it was settled. She had filed
proceedings under Section 125 of Cr.P.C. and it was also settled.
Thus, she is continuously harassing him by filing false complaints.
He, therefore, submitted that even this complaint is false and it is
given a very serious colour so that the Applicant will face arrest.
5. Learned A.P.P. produced the investigation papers before
me. There is a supplementary statement of the prosecutrix wherein
she has described the incident in more details.
6. Shri Bubna appears for the first informant. He has filed
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intervention application, which is allowed by a separate order
passed today. Learned Counsel for the Applicant is directed to
carry out amendment within a period of two weeks from today.
7. In the meantime, looking at the history between the
parties and taking into account the fact that they were earlier
married, for the time being the Applicant is protected by an interim
order. Hence, the following order.
ORDER
(i) In the event of his arrest in connection with C.R.No.460/2020 registered at Killa Police Station, Malegaon, till the next date, the Applicant be released on bail on his executing P.R. bond/s in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount.
(ii) This order shall operate till 16.2.2021.
(iii) The Applicant shall attend the concerned Police Station as and when called and shall cooperate with the Pradeepkumar investigation. P. Deshmane Digitally signed by Pradeepkumar P.
(iv) Stand over to 16.2.2021.
Deshmane(SARANG V. KOTWAL, J.) Date: 2021.01.13 18:23:36 +0530 Deshmane (PS) 3 of 3