Mumbai: The Bombay High Court has granted pre-arrest bail to a new-mother, who is accused along with her husband in a road rage incident that led to the death of a biker in Vakola earlier this year. The court observed that custodial interrogation was not necessary, especially considering that Anam Ansari was pregnant at the time of the incident and had recently given birth.
Vacation judge, Justice Ashwin Bhobe, passed the order on Tuesday, granting relief to the woman whose earlier anticipatory bail plea had been rejected by a sessions court in April.
Anam and her husband Ahmed Ansari were booked for allegedly assaulting biker Omprakash Sharma in March after a heated argument on the road. The couple, who were on a motorbike, confronted Sharma after he suddenly stopped in front of them. While Anam allegedly hit him with a slipper and her hands, Ahmed reportedly struck Sharma with a concrete paver block. Sharma succumbed to his injuries days later.
The police arrested Ahmed, who is currently in judicial custody, and recovered the paver block. However, they opposed bail for Anam, claiming that the slipper and helmet used by her in the assault were yet to be recovered. The prosecution also pointed to the seriousness of the offence.
Despite these arguments, the court noted that Anam had not absconded and had no prior criminal record. “Considering the nature of allegations against the applicant (Anam) and the fact that she is now a mother of a 25-day-old baby and has no criminal antecedents, custodial interrogation of the applicant would not be required,” the court said.
Anam’s advocate, Shekhar Singh, told the court that she would cooperate with the investigation and attend trial proceedings. He also stressed that her involvement was limited to minor physical assault and that the fatal injuries were allegedly caused by her husband.
Opposing the plea, advocate Asmeeta Bhoir, appearing for the victim’s family, argued that Anam was the main instigator and that her mother-in-law had been threatening witnesses. The HC granted bail on a personal bond of Rs 25,000, stating her custody was not necessary solely for recovering the alleged assault items.
