IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 441 OF 2009 CRIMINAL APPLICATION NO. 441 OF 2009 CRIMINAL APPLICATION NO. 441 OF 2009 Mehboob Inayat Khan ...Applicant vs. The State of Maharashtra ...Respondent Mr.S.G. Rajput for the Applicant. Mr.D.P. Adsule, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : FEBRUARY 3, 2009 DATED : FEBRUARY 3, 2009 DATED : FEBRUARY 3, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. This is an application for anticipatory bail filed by the applicant who apprehends arrest in connection with C.R.No.11/2009 for the offences punishable under Sections 316, 323 read with 34 of the IPC. 3. Counsel for the applicant submits that the applicant had filed several complaints against the husband of the complainant and her brother-in-law and on the basis of the complaints filed by the applicant, all - 2 - these persons were detained and were arrested in several cases and the illegal huts constructed by them were also demolished. The applicant has filed several complaints with the Commissioner of Police expressing his fear that he would be involved and implicated in false cases by the said Qureshi brothers. 4. In the present case, a complaint has been filed by the complainant who alleges that the applicant had given two kick blows on her stomach, as a result of which she lost the unborn child and the said pregnancy was aborted. 5. Perused the application. It does appear that several complaints have been filed by t he applicant against the husband and other relatives of the complainant. The allegation against the applicant is that two kick blows were given by the applicant to the complainant. Apart from that, there is no other material on record to show the involvement of the applicant. The possibility that the applicant was falsely involved in the aforesaid offence cannot be - 3 - ruled out. In my view, under the peculiar facts and circumstances of the case, the custodial interrogation of the applicant is not necessary. The applicant shall, however, co-operate with the police. 6. In the event, the applicant is arrested in connection with an offence punishable under Sections 316, 323 read with 34 of the IPC registered vide C.R.No.11/2009 with the Cuffe Parade Police Station, the applicant be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant shall report to the Cuffe Parade Police Station for a period of four days from 5th February, 2009 between 11 a.m. and 3 p.m. and thereafter, as and when called. 7. The application, accordingly, is allowed in the aforesaid terms. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)