HC grants pre-arrest bail to woman involved in road rage murder

The court has restrained the accused from leaving the state without prior permission of the investigating officer and also asked her to attend the Vakola police station every Monday

MUMBAI: The Bombay high court on Tuesday granted pre-arrest bail to a woman accused of killing a pedestrian in March this year on account of her minor role in the incident and her being the mother of a 25-day-old baby.

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According to the police, the incident took place on March 16, when the woman, Anam Ansari, then 30 weeks pregnant, was travelling with her husband Ahmed Ansari on a two-wheeler. When Omprakash Sharma, a pedestrian, came in front of the two-wheeler, an altercation ensued. Anam first assaulted Sharma with her chappal and rained some blows on him. Ahmed Ansari then picked up a paver block and hit Sharma on his head, leading to his death later due to brain injuries.

The Vakola police subsequently booked the couple under sections 103 (murder), 109 (attempt to murder), 352 (intentional insult with intent to provoke breach of peace), 115(2) (voluntarily causing hurt) and 3(5) (common intention) of the Bhartiya Nyaya Sanhita, 2023.

While Ahmed was arrested immediately after the incident, Anam moved the sessions court for anticipatory bail. After the court rejected her plea on April 5, she moved the high court, where her counsel pointed out that she had played a minimal role in the assault and Sharma’s fatal injury was not caused by her.

The complainant’s lawyer, however, opposed the plea, saying she had not only assaulted Sharma with her chappal and her husband’s helmet but also instigated her husband. Therefore, the lawyer said, her role could not be separated from that of her husband, while her mother-in-law had already started threatening witnesses.

Justice Bhobe, however, granted pre-arrest bail to Anam Ahmed, observing that her custodial interrogation would not be necessary considering the nature of allegations against her and her being the mother of a 25-day-old baby.

By way of bail conditions, the court has restrained her from leaving the state without prior permission of the investigating officer and also asked her to attend the Vakola police station every Monday till completion of the investigation and as and when called by the investigating officer.