ADNAN SAMI KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS application is filed for anticipatory bail by the applicant/accused as the applicant/accused is prosecuted for the offences punishable under sections 323, 504, 498-A, 406, 506, 420, 384, 511 read with Section 34 of the Indian Penal Code vide C.R. No.152/2009. A complaint was given by the wife of the applicant/ accused in March, 2009 and thereafter he preferred anticipatory bail application which was rejected by the Sessions Court.

(2.) IN the present application the learned counsel for the original complainant was allowed to intervene and was heard at length.

(3.) AT the time of deciding anticipatory bail application the Court has to consider number of aspects and the main aspect is the nature and gravity of the accusation. In the present case the obscene VCD is already handed over to the Sessions Court and is in the custody of the Court. The applicant has denied to have copy of the said VCD and has also denied to be in possession of any obscene photographs of the original complainant. The learned APP and learned counsel for the original complainant, however, have reiterated that such photographs are taken out and they are with the applicant. Thus, such accusation and denial is only word against word situation at present before the Court.