Bombay High Court
Tayabunnisa Mohammad Yusuf Khan And Ors vs The State Of Maharashtra on 11 January, 2024
Author: Sarang V. Kotwal
Bench: Sarang V. Kotwal
2024:BHC-AS:1678
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.63 OF 2024
1. Tayabunnisa Mohammad Yusuf Khan,
2. Mohammad Usman Khan,
3. Mohammad Siddique Khan,
4. Mohammad Amir Khan,
5. Mohammad Umar Khan, &
6. Mohammad Khalid M.Y. Khan .... Applicants
Versus
The State of Maharashtra .... Respondent
______
Mr. K.M. Tripathi, Advocate for the Applicants.
Ms. Pallavi N. Dabholkar, APP for the Respondent-State.
______
CORAM : SARANG V. KOTWAL, J.
DATE : 11th JANUARY, 2024
P.C. :
1. The Applicants are seeking anticipatory bail in
connection with C.R.No.860/2023 registered at Sakinaka
Police Station, Mumbai on 1.9.2023 under sections 498-A,
354-A, 323, 504 read with 34 of IPC.
2. Heard Mr. K.M. Tripathi, learned counsel for the
Applicants and Ms. Pallavi Dabholkar, learned APP for the
Respondent-State.
3. The Applicant No.1 is the mother-in-law of the first
informant and the other Applicants are her brothers-in-law.
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She has stated in her FIR that she got married with her
maternal cousin in the year 2016. she was residing in the joint
family of all the Applicants. After a few days from the
marriage, the Applicants and others started harassing her. In
July 2020, she delivered her first son. After that her husband
suddenly fell ill and suffered from paralysis. It her case that
the Applicant Khalid used to have ill-intentions about the
informant and on one occasion he suddenly got physical and
asked her to keep physical relations with him. She refused. It
is her case that the other brothers-in-law also used to touch
her inappropriately. Her husband's health improved. In
September, 2022 she delivered he second son. In April, 2023
the Applicant's family assaulted her and asked her to leave the
house. She left their house with her younger son. On 1.6.2023,
she went back to her matrimonial house to get custody of her
elder son, but, again she was abused and assaulted. And,
therefore, she had registered an NC complaint. On these
allegations, the FIR is lodged.
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4. Learned counsel for the Applicants submitted that
this is purely a matrimonial dispute between the husband and
wife. The Applicants are needlessly dragged in the dispute.
The main grievance of the Applicant is regarding custody of
her elder son and, therefore, she is pressurizing the Applicants
by filing false FIR. He submitted that the allegations are vague
and the FIR is lodged belatedly.
5. Learned APP submitted that in the backdrop of the
allegations against the Applicants, it would be sufficient if they
are directed to cooperate with the investigation.
6. I have considered these submissions. Though,
there are some specific allegations against the Applicants, the
specific instances as such with proper details are not
mentioned. The allegations are vague and general. The major
allegation against the Applicant Khalid was about a particular
incident, but, no details are given regarding the date or period.
Apparently it was somewhere in the year 2020, but, no
immediate complaint was lodged. The FIR itself mentions that
the period of the alleged offence was between October, 2016
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to April, 2023. The FIR is lodged on 1.9.2023. There is no
explanation as to why she waited for so long to make these
allegations. Therefore, in this background the custodial
interrogation of the Applicants is not necessary.
7. Hence, the following order :
ORDER
(i) In the event of their arrest in connection with C.R.No.860/2023 registered at Sakinaka Police Station, Mumbai, the Applicants are directed to be released on bail on their furnishing PR bonds in the sum of Rs.30,000/- each (Rupees Thirty Thousand Only) with one or two sureties each in the like amount.
(ii) The Applicants shall cooperate with the investigation and shall attend the concerned police station as and when called.
(iii) Anticipatory Bail Application stands disposed of accordingly.
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