Gajanan Bhaskar Patil v. The State Of Maharashtra And Another
2025:BHC-AUG:11488 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 605 OF 2025 WITH CRIMINAL APPLICATION NO. 1400 OF 2025 Anilkumar S/o Bhanudas Patil, Age : 55 years, Occu. : Service, R/o. Ashirwad Dream City, Pachora, Dist. Jalgaon.
... Applicant
Versus
The State of Maharashtra, Through Investigation Officer, In Crime No. 095/2025, Pachora Police Station, Tq. Pachora, Dist. Jalgaon.
... Respondent ......
Mr. Nagesh G. Talekar, Advocate for Applicant. Mr. C. V. Bhadane, APP for Respondent - State. Mr. D. M. Pingale, Advocate for Informant in APPLN/1400/2025. ......
CORAM : ABHAY S. WAGHWASE, J.
RESERVED ON : 21 APRIL 2025 PRONOUNCED ON : 22 APRIL 2025 ORDER :
1.
The applicant seeks relief of regular bail on account of his arrest in Crime No.0095 of 2025 registered at Pachora Police Station, District Jalgaon for offence punishable under sections 108, 115(2), 352 read with section 3(5) of Bharatiya Nyaya Sanhita. 2.
Criminal Application No.1400 of 2025 is allowed. The original informant is permitted to assist the learned A.P.P.
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It is submitted that, applicant is arrested in above crime on 03.03.2025. That, informant's sister Vaishali was married to present applicant 26 years back. That, informant's sister Vaishali committed suicide by hanging, thereafter brother has lodged report that there was suspicion on her character and beating, as a result of which, Vaishali committed suicide. 4.
Learned counsel submitted that, allegations are omnibus in nature. That, there was no previous complaint at any point of time. That, informant was at Pune and he has hearsay information. That, investigation is almost over. Considering the nature of allegations, nothing is to be recovered or discovered at the instance of present applicant. That, as there are no immediate prospects of matter going for trial, learned counsel urges for grant of bail.
5.
Learned APP opposed on the ground that there are clear allegations of beating and suspicion about character. That, applicant is husband of deceased. That, he was involved in above acts. That, only because of above maltreatment, deceased hanged herself. For all above reasons, he opposes the bail.
-36.
Learned counsel for informant placed affidavit on record, stating that, informant has no objection for grant of bail as report is out of annoyance and in the range of anger. 7.
Heard. Perused the papers. FIR dated 03.03.2025 is at the instance of Gajanan and its substance is that, his sister Vaishali was married to Anil Patil i.e. present applicant 26 years back and they have a son, aged 25 years. Informant claims that, after 6 to 7 months, husband and mother-in-law questioned his sister for talking on mobile phone and suspected love relations. That, on 01.03.2025, he got a call from his nephew Rohit about quarrel going between his parents, grandmother abused his mother and his mother crying. Informant claims to have talked to his sister on mobile conference facility and she too reported while weeping about quarrel by husband and being beaten by husband. He claims to have assured her and even suggested not to take any extreme steps in the range of anger. He further claims that, on 02.03.2025, he again got call from his nephew about his sister hanging herself in the house at 6:00 a.m. Hence, the above report. 8.
Prima facie, marriage between deceased and present applicant is 26 years old and out of the marriage, they had a grown-up son, namely Rohit. Informant has received information
-4from Rohit about quarrel going on between his father, grandmother and his mother. Informant claims to have talked with his sister on the night of 01.03.2025 and he claims that, on his assurance his sister assured that she would not take any extreme steps. In the morning, she was found to be in hanging condition. Informant has lodged report that there was suspicion on character as she talked on phone and intermittently there was beating. Statement of Rohit is visited, but he has stated that there used to be minor quarrel between his grandmother and his mother and also there used to be minor quarrel between his father and mother. There used to be quarrel on account of preparing food. He stated that when he talked with his maternal uncle on phone about taking his mother to his house, but she refused. That, on 02.03.2025, at around 7:30 a.m., he claims to have received information from his father that his mother is not responding to the phone call and when his father went to see on the first floor, he noticed that she had hanged herself.
9.
Now, affidavit is placed on record by very informant regarding FIR to be lodged in anger and out of annoyance. Investigation is said to be almost over. No further recovery or discovery is shown to be made at the instance present applicant. As future course of trial is uncertain, in view of above discussion,
-5relief as prayed deserves to be granted. Hence, the following order is passed :-
ORDER
(i) The application is allowed.
(ii) The applicant Anilkumar S/o Bhanudas Patil be released on bail in connection with Crime No.0095 of 2025 registered with Pachora Police Station, District Jalgaon on executing P.B. of Rs.15,000/- with one surety in the like amount.
(iii) The applicant shall not tamper prosecution evidence. (iv) The applicant shall attend the concerned police station once in every week i.e. on every Monday and maintain personal diary of his attendance till committal of the case and thereafter, shall regularly attend each and every effective date before the trial court.
(ABHAY S. WAGHWASE, J.) Tandale