* 1 * BA-1863-2011 15 Dec, 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATIONNO. 1863 OF 2011 Khalid Mohammad Shamim Shaikh ....Applicant : V/S. : The State of Maharashtra ....Respondent * * * * Mr. S.V. Marwadi i/by. Mr. Sudhir Pawar, Advocate for the applicant. Mrs. A.A. Mane, APP for the State-respondent. * * * * CORAM :- SMT. R.P. SONDURBALDOTA, J. 15 DECEMBER, 2011. P.C. :- 1. The applicant, seeks bail in M.E.C.R. No. 5 of 2011 for the offences punishable under Sections 376, 420, 506, 467, 468, 471 Indian Penal Code registered with Bangur Nagar Police Station. He was arrested in the case on 8th November, 2011 and is in judicial custody since 14th November, 2011. 2. The brief facts of the case are that, the complainant was married to the applicant on 21st July, 2006 as per muslim rights. They have two children, a son aged 5 years and a daughter aged 4 years. Until the year 2009, the * 2 * BA-1863-2011 15 Dec, 2011 applicant alongwith the complainant resided in the house of the complainant’s father. It is alleged that when the complainant asked the applicant to acquire a separate house, he demanded a sum of Rs.3,00,000/- from her father and started harassing her for the amount. The complainant then gave him Rs. 25,000/- by taking loan from ICICI Bank. One year thereafter, the applicant disclosed that he was already married and threatened that if his demand of Rs.3,00,000/- is not fulfilled, he will leave the complainant and go to his first wife. According to the applicant, he gave talaq to the complainant on 17th April, 2009. Apparently even after the execution of the talaqnama on 17th April, 2009 the applicant continued to reside with the complainant at the residence of her father and had sexual relations with her. This according to the police amounts to an offence punishable under Section 376 Indian Penal Code. 3. On a prima-facie view, the allegations made in the complaint appear to be farfetched. The applicant, therefore, cannot be made to incarcerate in jail. Hence, the application is allowed. The applicant is released on bail in the sum of Rs.10,000/- (Rs. Ten Thousand only) with one solvent surety in the like amount. The applicant shall attend Bangur Nagar Police Station once in 15 days on Saturday between 5.00 p.m. to 7.00 p.m. He shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him for disclosing such facts to the * 3 * BA-1863-2011 15 Dec, 2011 Court or to any Police Officer. The applicant shall not leave India without the previous permission of the Court. [SMT. R.P. SONDURBALDOTA, J]