ABA 1235/2022 1 ORDER

MHCC050042402022

IN THE COURT OF SESSIONS, AT DINDOSHI

BORIVALI DIVISION, GOREGAON, MUMBAI

ANTICIPATORY BAIL APPLICATION NO.1235 OF 2022

IN
C.R.NO.964 OF 2022

1.Asadullah Ataullah
Age: 42 years, Occu: Retired/Nil,

2.Mrs. Rizwana Ataullah

Age: 75 years, Occu: Retired/Nil,

3.Mr. Mohd. Shahid Ataullah

Age: 40 years, Occu: Job,

4.Mrs. Nasreen Mohd. Shahid

Age: 38 years, Occu: Home Maker,

5.Ms. Hena Parveen Ataullah

Age: 43 years, Occu: Home Maker,

All are residing at – P.N. 06,

Sai vihar, Phase 01, Chandmari
Road, Abu Road, Sirrohi,
Rajasthan – 307026. ...Applicants/Accused

Versus
The State of Maharashtra
(Malvani Police Station) ...Prosecution

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
Shri A.Q.Usman, Advocate for the Applicants/accused.
Miss R.S.Kanojia, A.P.P for the State.
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ABA 1235/2022 2 ORDER

CORAM : SHRI. A. V. DHULDHULE

Additional Sessions Judge,
Borivali Division, Dindoshi, Mumbai.
(C.R.NO.15)
Dt. 4th August, 2022.

ORDER

1. Apprehending arrest in Crime No.964/2022 for the offences

punishable under Section 498­A, 323, 504, 506 r/w. Section 34 of the
Indian Penal Code, 1860 registered at police station Malvani,
applicants/accused have filed present application for anticipatory bail
under Section 438 of the Code of Criminal Procedure. The application is
opposed by the learned A.P.P by filing say at Exh.3.

2. The allegations against the applicants/accused are about ill­

treatment since the date of marriage i.e. 30.12.2017, demand of dowry
of Rs.10,00,000/­ and car. Perusal of the of case diary and the record
shows that the informant was married with the applicant/accused No.1
on 30.12.2017 and went to reside at the house of the applicant/accused
No.1. However, the applicants/accused have ill­treated the informant
since 30.12.2017 on account of dowry. However, learned counsel for
the applicants/accused submitted that the applicants/accused have not
ill­treated the informant and have not demanded the dowry of
Rs.10,00,000/­ and car. The applicants/accused are not involved in any
crime and are falsely implicated by the informant. Therefore, the
learned counsel for applicants/accused submitted that the application
be allowed and anticipatory bail be granted. Per contra, the learned
A.P.P submitted that, since the marriage of informant with the
applicant/accused No.1, she was ill­treated and dowry was demanded
by the applicants/accused. Therefore, the application be rejected.
ABA 1235/2022 3 ORDER

3. So far as allegations against all the accused person are concerned,

the same relates to the year 2017 and thereafter. The question of
demand of dowry and ill­treatment can be ascertained only after
recording evidence. Moreover, no custodial interrogation is needed for
said purpose. Moreover, the allegations are of the year 2017 and
thereafter and the report is lodged in the year 2022. There is nothing on
record about criminal antecedent of the applicants/accused. As such, in
view of this the applicants/accused can be granted protection by
imposing certain conditions. Thus, application is allowed and following
order is passed :­
ORDER
1. Anticipatory Bail Application No.1235 of 2022 is allowed.
2. Applicants/accused No. 1.Asadullah Ataullah, 2.Mrs. Rizwana
Ataullah 3.Mr. Mohd. Shahid Ataullah, 4.Mrs. Nasreen Mohd.
Shahid and 5.Ms. Hena Parveen Ataullah be released on executing
P.R. Bond of Rs.10,000/­ (Rupees Ten Thousand Only) each with one
like surety for the offences punishable under Section 498­A, 323, 504,
506 r/w. Section 34 of the Indian Penal Code, 1860 in crime
No.962/2022 registered at Malvani police station in event of their arrest
on the following terms and conditions :­
(a) Applicants/accused shall not pressurize the informant or
witnesses in any manner.
(b) Applicants/accused shall also furnish their residential and official
proof and their mobile number to the Investigating Officer within eight
days from today.
(c) Applicant/accused No.1 is directed to attend police station
Malvani on every second and forth Saturday between 12:00 noon to
02:00 p.m. from 13.08.2022 to 08.10.2022.
ABA 1235/2022 4 ORDER

(d) Applicants/accused shall not tamper with witnesses.

3. Applicants/accused No.2 to 5 to attend police station Malvani on
27.08.2022 and 08.10.2022.
Digitally signed
by ATUL
VASANTRAO
DHULDHULE
Date: 2022.08.05
13:11:18 +0530

(A.V.DHULDHULE)
Additional Session Judge
Borivali Div, Dindoshi,
Date : 04.08.2022 Mumbai.

Dictated on : 04.08.2022
Typed on : 04.08.2022
Signed on : 04.08.2022
ABA 1235/2022 5 ORDER

“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL

SIGNED JUDGMENT/ORDER.”

05.08.2022 at 01:12 P.M. Ms. M. A. Manjrekar

UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room no.) SHRI.A.V.DHULDHULE
(C.R. NO.15)
Date of Pronouncement of JUDGMENT/ 04.08.2022
ORDER
JUDGMENT/ORDER signed by P.O. on 04.08.2022
JUDGMENT/ORDER uploaded on 05.08.2022