June 20, 2021 10:10:49 pm
The Bombay High Court recently granted pre-arrest bail to a man, booked for abetting suicide to a married woman, after his lawyer told the court that though the man was in a consensual relationship with her, harassment by her husband pushed her to take the drastic step. Hence, the applicant should be protected from arrest.
A single-judge bench of Justice Prakash D Naik earlier this month passed an order on an anticipatory bail application by Samir Shaikh. Advocate Sana Raees Khan for Shaikh argued in connection with the complaint registered with the Nehru Nagar police station for offences punishable under Sections 306 (abetment of suicide) and 354 (criminal force committed on a woman to outrage her modesty) on January 23.
The deceased’s brother, who filed the complaint, had alleged that his sister was harassed by Shaikh, and repeated telephone calls by the applicant created difference between the victim and her husband. Eventually, due to mental torture, she died by suicide, he alleged.
Khan submitted that materials on record indicated the victim and the applicant were in a consensual relationship and that the bond between the deceased and her husband was not cordial. The victim had expressed that her husband was planning to kill her, and on account of harassment by her husband, she died by suicide, he added.
Additional Public Prosecutor Y M Nakhwa opposed the plea and said the husband had alleged that Shaikh was constantly harassing his wife.
The bench held that Shaikh had complied with the court’s directions to appear before the investigating officer and cooperate with the probe and therefore, the “applicant need not be subjected to custodial interrogation”.
Allowing the plea, the bench said the applicant be released on furnishing personal bond of Rs 25,000 with sureties and disposed of the application.
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