Shahnaz W/O Altaf Shaikh v. The State Of Maharashtra And Another

2025:BHC-AUG:642

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 925 ANTICIPATORY BAIL APPLN. NO. 686 OF 2024 SHAHNAZ W/O ALTAF SHAIKH

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. N. B. Narwade.

APP for Respondent-State: Mr. S. P. Sonpawale ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 09.01.2025 P.C. :

1] Heard learned counsel for the applicant and the learned APP for the respondent-State.

2] The applicant has approached this Court apprehending arrest in connection with Crime No. 0209/2024 registered with Shrigonda, Police Station, Taluka, Shrigonda, District Ahmednagar dated 23.02.2024, for the offences punishable under sections 109, 307, 323, 324, 504, 506 r/w.34 of Indian Penal Code.

3] Learned counsel for the applicant submits that prior to the date of incident i.e. on 18.02.2024 N.C. was registered by the applicant that the complainant was threatening to commit suicide. It is also submitted that

when the applicant and the informant had come back to the Takli Lonar, on that date also at the bus stand, the informant had threatened the applicant that she would consume poison and same is recorded on the mobile. Thereafter, in the evening again she has consumed poison and made allegations that the applicant has administered the poison.

4] The learned APP submits that he has verified the video recording of the incident at the bus stand. On verification of the same it is noticed that there is some threat given of consumption of poison by the informant. 5] It is also stated that the applicant had taken her to the hospital and that the complainant had consumed poison by herself. In the facts it appears prima facie probable that the informant has consumed poison herself. 8] Considering the above, possibility of administration of poison, so also, that the husband and the brother in law has already been granted anticipatory bail by this court, anticipatory bail is also granted to the applicant. 9] In view of the above, the application is allowed. The interim relief granted by this Court vide order dated 20.07.2024 is confirmed.

10] Applicants shall attend the concerned police station as and when required and shall co-operate in the investigation. Applicants shall not tamper with the evidence of the prosecution in any manner. They shall not influence the informant, witnesses and other persons concerned with the case.

11] In the event, the applicants violate any of the conditions specified in this order, it shall be liable to be cancelled.

12] 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.

13] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE RPB