Balchand Waghu Chavan And Another v. The State Of Maharashtra And Another

2025:BHC-AUG:11841 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 581 OF 2025 1.

Balchand Waghu Chavan Age - 75 Years, Occupation - Agriculture, R/o. Aakani, Tq. Mantha, District Jalna.

2.

Ravi Balchand Chavan Age - 31 Years, Occupation - Agriculture, R/o. Aakani, Tq. Mantha, District Jalna.

... Applicants [Accused No.2 & 3]

Versus

1.

The State of Maharashtra, Through Officer In Charge, Police Station Mantha, District Jalna.

2.

The Superintendent of Police, Jalna, District Jalna.

... Respondents .....

Mr. Sudarshan J. Salunke, Advocate for the Applicants. Mr. V. M. Chate, APP for Respondents-State.

.....

CORAM :

ABHAY S. WAGHWASE, J.

DATE :

24.04.2025 ORDER :

1.

Instant regular bail application is on behalf of both the applicants, who are arrested in crime no. 0079 of 2025 registered at Mantha Police Station, District Jalna for offences punishable under Sections 108, 115(2) r/w 3(5) of the Bharatiya Nyaya Sanhita (BNS). 2.

Learned counsel pointed out that applicants are arrested on 24.02.2025 and 27.02.2025 respectively. That, deceased was sister of

-2informant. That, applicant no.1 is father-in-law and applicant no.2 is brother-in-law of deceased Pranita, who alleged hanged herself. That, marriage is of 2008. Deceased closed the door and hanged herself for best reasons known to her. That, with indulgence of neighbours, entry to the room was required to be gained by dismantling the roof tin sheets. There are omnibus allegations. That, moreover, deceased was said to be paralytic. That, investigation is almost over and mere formality of filing chargesheet has remained. Learned counsel further pointed out that mother-in-law Kesabai and sister-in-law Suwarnabai are already beneficiaries of anticipatory bail, and therefore learned counsel urges for grant of bail to present applicants also. 3.

Learned APP opposed on the ground that deceased was paralytic. Only because of maltreatment and continuous taunting, deceased was under mental stress. She was sometimes beaten. Deceased reported it to her family members. On 17.02.2025, she hanged herself. That, applicants are named. Investigation is still is progress. He pointed out that there are allegations about accused no.1 beating deceased by stick. There are statements to that effect. However, learned APP fairly submitted that, as regards applicant no.2 is concerned, no specific role is attributed to him.

-34.

Heard. Perused the FIR dated 18.02.2025. Informant Sachin has reported that his sister Pranita was married to Sachin Balchand Chavan in 2007-2008. He further reported that after her marriage, she suffered paralytic attack and therefore, marriage of younger sister of deceased was performed with Sachin Chavan. It is alleged that mother-in-law Kesabai, present applicant, brother-in-law and sister-inlaw were taunting her for not doing any work and saying that her husband is residing at Chh. Sambhajinagar and to go there, and they continuously subjected her to mental harassment. She was also sometimes beaten by fist blows. On 17.02.2025, she hanged herself. 5.

Mother-in-law and sister-in-law are already granted bail. Learned APP has pointed out that there are statements about applicant no.1 Balchand used to beat deceased. However, learned APP fairly submitted that as regards applicant no.2 Ravi is concerned, there are no allegations.

6.

Learned counsel for the applicants would submit that, if Court is not inclined to grant bail to applicant no.1, on instructions, he seeks permission to withdraw the application to his extent with liberty to approach the trial court.

-47.

In the light of above submissions advanced by learned APP that there are no allegations against applicant no.2, his application deserves to be allowed. Hence, I proceed to pass the following order:

ORDER

I.

The application is partly allowed.

II.

Application of applicant no.1 Balchand Waghu Chavan is disposed off as withdrawn with liberty to approach learned trial court at later point of time.

II.

Application of applicant no.2 Ravi Balchand Chavan is allowed. He be released on bail in connection with Crime No. 0079 of 2025 registered at Mantha Police Station, District Jalna, on executing Personal Bond of Rs. 15,000/- with one surety in the like amount, on the following conditions:

[a] The applicant shall not tamper prosecution evidence. [b] The applicant shall not leave the area of jurisdiction of the concerned police station till conclusion of trial. [c] The applicant shall regularly attend each and every effective date before the trial court.

[ABHAY S. WAGHWASE, J.] vre