Rajendra Vitthalrao Shelke v. The State Of Maharashtra And Another

2025:BHC-AUG:22629 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 572 OF 2025 Rajendra Vitthalrao Shelke ... Applicant

Versus

The State of Maharashtra and another ... Respondents .....

Mr. A. C. Sisodiya, Advocate for the Applicant. Mr. S. B. Narwade, APP for Respondent-State.

.....

CORAM :

ABHAY S. WAGHWASE, J.

Reserved on : 19.08.2025 Pronounced on : 20.08.2025 ORDER :

1.

Applicant seeks pre arrest bail in crime no. 17 of 2025 registered at Kinwat Police Station, District Nanded for offence under Sections 108 and 351(2) of BNS.

2.

Learned counsel pointed out that there is false implication. That, informant's daughter, who was married, was residing with informant on account of quarrel and dispute with her husband since 2021. For best reasons known, informant's daughter consumed poison and she allegedly named present applicant, who has no concern. That, informant's daughter died on 16.01.2025 and report is lodged on 21.01.2025 and as such, it is delayed, false and afterthought report. Hence, learned counsel urges for protection as applicant is ready to co-operate with investigation.

-23.

Learned APP opposed on the ground that applicant is named. That, only because of harassment at his hands, informant's daughter committed suicide. Applicant is named and therefore, for effective investigation, application is sought to be rejected. 4.

Heard. Perused the FIR. Its substance is that, informant had a daughter namely Shraddha who was married in 2013, but due to dispute with husband, she had come to stay with informant since 2021. It is further reported that on 09.01.2025, informant's daughter took house keys. Around 9.00 p.m. informant got call from a neighbour informing about Shraddha consuming poison, and when informant met her in the hospital, she allegedly told that present applicant was troubling her and was threatening to destroy her mother if she goes to cohabit. Fearing defamation, it is alleged that, informant's daughter consumed poison and while undergoing treatment, she died on 16.01.2025. According to informant, present applicant had employed her daughter in the Bachat Gat, but as her daughter was planing to go for cohabitation, he started bothering her daughter to prevent her from going to cohabit, and hence her daughter committed suicide.

-35.

In the above report, except stating that there was harassment, in what form, is not clarified. Consumption is of 09.01.2025. In proximity to 08.01.2025, there is nothing to indicate involvement of present applicant in harassing deceased. In spite of consumption on 09.01.2025 and allegedly naming present applicant for troubling, and in spite of demise of daughter on 16.01.2025, as pointed out, FIR is lodged on 21.01.2025. Therefore, in the light of above material, applicant deserves protection as prayed. Hence, following order :

ORDER

I.

The application is allowed.

II.

In the event of arrest of the applicant in connection with crime no. 17 of 2025 registered at Kinwat Police Station, District Nanded for offence under Sections 108 and 351(2) of BNS, he shall be released on executing P.B. and S.B. of Rs.15,000/- with one surety in the like amount.

III.

The applicant shall attend the concerned Police Station as and when called by the Investigating Officer till filing of the charge sheet and co-operate in the investigation.

[ABHAY S. WAGHWASE, J.] vre