← Library
Bombay High CourtABA/379/2025application allowed

Ashwini W/O Sandeep Mane @ Ashwini D/O Shankar Annapure v. The State Of Maharashtra

2025-04-08Hon'Ble Shri Justice Arun R. Pedneker3 pages

2025:BHC-AUG:10283

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 959 ANTICIPATORY BAIL APPLICATION NO. 379 OF 2025 ASHWINI W/O SANDEEP MANE @ ASHWINI D/O SHANKAR ANNAPURE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. A.D. Hande APP for Respondent/State : Mr. N.B. Patil Advocate for assisting APP : Mr. R.S. Malani a/w. Mr. K.H. Dongre ...

CORAM :

ARUN R. PEDNEKER, J.

DATE :

08/04/2025 PER COURT :

1.

Heard the learned counsel for the applicant, the learned APP for respondent-State and Mr. R.S. Malani h/f. Mr. K.H. Dongre, learned advocate assisting APP.

2.

The applicant has approached this Court apprehending arrest in connection with Crime No. 58/2025, registered with Bhagyanagar Police Station, District Nanded, for the offence punishable under Section 85, 80, 3(5) of the B.N.S.,2023.

3.

This Court by order dated 25.3.2025 has granted interim protection to the applicant by noting the submissions at para 5 to 7, as under :- "5] The learned counsel for the applicant submits that the applicant is the sister-in-law of the deceased. The deceased committed suicide on 25.01.2025. He further submits that the marriage between the deceased and brother of the applicant was solemnized on 19.12.2020. He further submits that the applicant had married prior to the marriage of deceased with the brother. Due to differences between the applicant and her husband, she had filed divorce petition against her husband. He further submits that thereafter she has returned to her parents house and she has been staying with the parents and also working at Pune. He further submits that at present, the applicant is working at ICE MT

India Private Limited at Pune. He further submits that the allegation as regards dowry is made against the husband, father in law and mother in law of the deceased and the allegation against the applicant in the FIR is that the applicant has harassed the deceased and there is no allegation against the applicant as regards demand of dowry. 6] Per contra, learned APP submits that there is video recording of the deceased prior to committing suicide and the name of the applicant is mentioned.

7] Considering the allegations in the FIR that the applicant has harassed the deceased are general in nature. The allegations as regards dowry are made against the husband, so also, mother in law and father in law of the deceased. Even in the video recording, there are allegations as regards harassment against husband, mother in law, father in law and the present applicant. There is no allegation as regards demand of dowry against the present applicant and the applicant is a Lady. Considering this aspect of the matter, the applicant is granted interim protection in the following terms :"

4.

The learned counsel for the applicant submits that in pursuance of the above interim order, the applicant has attended the police station and cooperated with the investigation.

5.

No adverse material is brought on record beyond what is noted in the order dated 25.3.2025. Considering the same, the interim protection granted earlier can be confirmed.

6.

In view of the above, the application is allowed and the interim protection granted on 25.3.2025 is confirmed on the following terms : i] The applicant shall attend the police station as and when required.

ii] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant,

witnesses and other persons concerned with the case. iii] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.

7.

In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled. 8.

It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

9.

The application stands disposed of.

[ARUN R. PEDNEKER, J.] SSC/