Pandurang Bhimrao Wadalik v. The State Of Maharashtra And Another

2024:BHC-AUG:17316

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

965 ANTICIPATORY BAIL APPLICATION NO. 1091 OF 2024 PANDURANG BHIMRAO WADALIK

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Ms. Varsha Mahipatrao Shelke APP for Respondent/State : Mr.C.V. Bhadane ...

CORAM :

SHIVKUMAR DIGE, J.

DATE :

6th August, 2024.

P.C.:

1.

The applicant apprehends arrest in connection with FIR No.16 of 2024 registered with Dharashiv Rural Police Station, Dharashiv, Dist.Dharashiv, for the offences punishable under sections 306 and 504 of the Indian Penal Code (For short, "IPC"). 2.

It is prosecution's case that informant's daughter was married with son of the applicant. It is alleged that by drinking liquor the applicant would harass and abuse daughter of the informant. It is alleged that the applicant was seeing the daughter of informant with ill intention. Due to behaviour of the applicant, the daughter of informant was not comfortable in that house. It is alleged that due to behaviour of the applicant, the daughter of informant has committed suicide. 3.

It is contention of the learned counsel for the applicant that the applicant has been falsely implicated in this case. There is delay of around 35 days in lodging the complaint. Considering the allegations against the applicant, his custodial interrogation is not required and

requested to allow the application.

4.

It is contention of the learned APP that the applicant would harass the daughter of informant under the influence of liquor. He had ill intention against the daughter of the informant. Due to behaviour and continuous harassment by the applicant, the daughter of the informant has committed suicide. Considering the allegations against the applicant, his custodial interrogation is required and requested to reject the application.

5.

I have heard both the learned counsel. Perused the F.I.R. and police papers produced on record.

6.

There is 35 days delay in lodging the F.I.R. The allegations against the applicant are that he had ill intention against the daughter of the informant and he would abuse the daughter of informant under the influence of liquor. The statement of witness Kiran Wadlik shows that there was quarrel between the son of applicant and his wife on the count of payment of amount taken from the informant and on that ground, she may have committed suicide. Considering the allegations against the applicant, his custodial interrogation is not required and I pass the following order:-

ORDER

(i) The application is allowed.

(ii) In the event of arrest of the applicant in connection with FIR No.16 of 2024 registered with Dharashiv Rural Police Station,

Dharashiv, Dist. Dharashiv, for the offences punishable under sections 306 and 504 of the Indian Penal Code, the applicant be released on executing personal bond in the sum of Rs.15,000/- with one surety of the like amount, on the following conditions :- (a) the applicant shall attend the concerned police station as and when required by the Investigating Officer.

[ SHIVKUMAR DIGE, J. ] sga