SHAIKH SOHEL SHAIKH ZAHED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Apprehending the arrest at the hands police in connection with Crime No. 663/2024 registered under Sec. 74, 75(1), 75(1)(i), 64(2)(f), 49, 351(3), 352, 3(5) of the Bhartiya Nagarik Suraksha Sanhita (BNS), 2023 at Badnera Police Station, District Amravati, the applicant approached this court for grant of pre-arrest bail.

(2.) The crime is registered on the basis of the report, lodged by the informant on an allegation that the applicant and his her brother in law i.e. husband of her husbands sister and since beginning i.e. since the inception of her marriage, he had a bad intention about her and he used to touch her in appropriate manner. Though she made a complaint to her husband, husband has ignored the same. On the contrary, she was harassed on that count. She further alleged that on 04/10/2024, the mother in law of the informant forced her to take the room to the applicant as soon as he entered in the room, the applicant forcefully garbed her covered her month and subjected her for the physical relationship. On the basis of the report, police have registered the crime against the present applicant. He submitted that out of matrimonial dispute, only because he is the relative of the husband, he is implicated with the false allegation. As far as the custodial interrogation is concerned, which is not required, in view of that, he be protected by granting anticipatory bail.

(3.) Learned APP and learned counsel for the complainant strongly opposed the said application and submitted that applicant has subjected the victim for the forceful sexual assault, and therefore, considering the nature of the offence, the application deserves to be rejected.