ZEESHAN SALIM KOLHAPURWALA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Apprehending arrest in connection with C.R. No.18 of 2023 registered with Samarth Police Station, Pune under Ss. 376 , 376(2)(n), 377, 498-A, 406, 504, 506 and 34 of the Indian Penal Code, 1860, the applicant is seeking relief of pre-arrest bail under Sec. 438 of the Criminal Procedure Code, 1973.

(2.) According to prosecution, marriage between accused No.1 (Azim Salim Kholhapurwala) and informant took place on 21/11/2021. According to informant, from January 2022 till 15/11/2022 accused No.1 performed unnatural sex with the informant and accused No.2 (Zeeshan Salim Kolhapurwala) who is brother-in-law of the informant committed forcible sexual intercourse with the informant from February 2022 till 15/11/2022. Accused No.3 is the mother-in-law of the informant.

(3.) Both the applicants, therefore, filed application under Sec. 438 of the Criminal Procedure Code, 1973 before the Sessions Court which came to be rejected by order dtd. 28/2/2023. The applicants, therefore, filed present anticipatory bail applications in this Court.