Manisha Abhiman @ Abhimanyu Sable v. State Of Maharashtra

2023:BHC-AS:29418

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1935 OF 2023 MANISHA ABHIMAN @ ABHIMANYU SABLE ..APPLICANT VS.

STATE OF MAHARASHTRA ..RESPONDENT Mr. Satyavrat Joshi i/b Mr. Ashish Vernekar, for the applicant. Mr. N. B. Patil, APP for the State.

CORAM : M. S. KARNIK, J.

DATE : OCTOBER 06, 2023 P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for bail in respect of the offence punishable under sections 302, 201, 323, 143, 147, 148, 149 of the Indian Penal Code, 1860 registered on 01/11/2022 vide C.R. No.295 of 2022 with Mandrup Police Station, Solapur Rural. 3.

The application is opposed by learned APP by contending that the assault led to the death of the victim.

4.

The applicant is the accused no.4. The applicant was arrested on 01/11/2022. By order dated 11/09/2023, this Court enlarged the 1/3

co-accused Anjana Ashok Giri i.e. accused no.5 on bail. The relevant portion of the said order reads thus :

" 2.This is an application for bail in respect of the offence punishable under sections 302, 201, 323, 143, 147, 148, 149 read with 34 of the Indian Penal Code registered vide C.R. No. 295 of 2022 with Mandrup Police Station, Solapur Rulral. The FIR is dated 01/11/2022. The applicant is arrested on 01/11/2022.

3. Learned APP opposed the application.

4. The applicant is a woman. The applicant is in custody since 01/11/2022 almost for 11 months. It is the contention that the deceased was misbehaving with the ladies, one of them is the applicant. As a result of such provocation, the accused persons assaulted the victim. So far as the applicant is concerned, the role attributed is that the applicant assaulted the victim with fist blows. Considering the role of the applicant and in the facts and circumstances of the present case, I am inclined to enlarge the applicant on bail. There are no criminal antecedents reported against the applicant. Hence, the following order." 5.

The accusations against the applicant are at par with that of the co-accused no.5 who has been enlarged on bail. The applicant is a woman. The applicant is the one who was harassed by the deceased.

6.

The investigation is complete. The charge-sheet has been filed. There are no criminal antecedents reported against the applicant. Hence, the following order :-

O R D E R

(a) The application is allowed.

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(b) The applicant- Manisha Abhiman @ Abhimanyu Sable in connection with C.R. No.295/2022 registered with Mandrup Police Station, Solapur Rural shall be released on bail on her furnishing P.R. Bond of Rs.15,000/- with one or more sureties in the like amount.

(c) The applicant is permitted to furnish cash bail surety in the sum of Rs. 15,000/- for a period of 8 weeks in lieu of surety.

(d) The applicant 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 from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence.

(e) On being released on bail, the applicant shall furnish her contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.

7.

The application is disposed of.

(M. S. KARNIK, J.) 3/3