Kishor Pralhad Chavhan And Another v. The State Of Maharashtra

1 33ABA724.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

33 ANTICIPATORY BAIL APPLICATION NO. 724 OF 2025 1.

Kishor Pralhad Chavhan 2.

Rahul Pralhad Chavhan ...Applicants

VERSUS

The State Of Maharashtra

...Respondent

...

Mr. Nikhil Santosh Jaju - Advocate for Applicant Mr. G. A. Kulkarni - APP for State ...

CORAM : NEERAJ P. DHOTE, J.

DATED : 06TH OCTOBER, 2025 PER COURT : - 1.

Heard the learned Advocate for the Applicant, the learned APP for the State and the learned Advocate assisting the Prosecution. Perused the papers.

2.

The Applicants are the Accused Nos. 2 and 3 in Crime No. 0867 of 2024 registered with Shevgaon Police Station, District Ahilyanagar, for the offences punishable under Sections 3(5) and 108 of the Bharatiya Nyaya Sanhita, 2023. Apprehending arrest, the Applicants have filed this Application seeking Anticipatory Bail. The said Crime is registered on the report lodged by the brother of the Deceased. The Applicants are the cousins of the Deceased. There are disputes between the family of the Applicants and the family of the Deceased on account

2 33ABA724.2025.odt of an agricultural land. On 18.10.2024, around 08:00 pm, the Deceased left home. After some time, the Informant heard chaos and saw that, the Deceased was vomiting. When the Deceased was being taken to hospital, the Informant inquired with the Deceased, upon which the Deceased told him that, due to harassment by the Applicant and the Coaccused, he has consumed poisonous substance. The Deceased died on 19.10.2021. The FIR came to be lodged on 24.10.2024. 3.

There is a delay of six (6) days in lodging the report after the incident of suicide. The Advocate for the Applicants has rightly pointed out that there is no allegation of any overt-act levelled against the Applicants. Prima facie, the essential ingredients for the Abetment to Suicide are not seen from the F.I.R. The Co-accused against whom the similar allegations have been levelled, have been released on bail by the learned Sessions Court. In this view of the matter, case for exercising powers under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, is made out. Hence, I pass the following order : -

ORDER

[i] The Application is allowed.

[ii] In the event of arrest of the Applicants, Kishor Pralhad Chavhan and Rahul Pralhad Chavhan, in connection with Crime No. 0867 of 2024 registered with Shevgaon Police Station, District Ahilyanagar, for the offences punishable

3 33ABA724.2025.odt under Sections 3(5) and 108 of the Bharatiya Nyaya Sanhita, 2023, they be released on bail on their furnishing P.B. of Rs. 15,000/- [Rupees Fifteen Thousand] each, with one surety in the like amount.

[iii] The Applicants shall attend Shevgaon Police Station, District Ahilyanagar, from 8th to 10th October, 2025, in between 11:00 hrs. to 12:00 hrs., and thereafter as and when called. [iv] The Applicants shall co-operate with the Investigating Agency.

[v] The Application stands disposed off.

[NEERAJ P. DHOTE] JUDGE SG Punde Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 06/10/2025 19:41:39