Nikhil Kiran Mangale v. The State Of Maharashtra And Another
2025:BHC-AUG:18350
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1055 OF 2025 Nikhil Kiran Mangale
Versus
The State of Maharashtra & Anr.
------------------------- Mr. Ajay D. Pawar for the Applicant.
Mr. A. V. Lavte, APP for the State.
------------------------- CORAM :
ADVAIT M. SETHNA, J.
DATE :
14 JULY 2025 P. C.:
1.
The Applicant has filed this Application has he apprehends arrest. These proceedings arise out of CR No.0266 of 2025. The FIR is lodged on 27 April 2025 at 04:20 hours by the Chopada City Police Station, Jalgaon. The date of occurrence of the alleged incident as stated in the FIR is 26 April 2025. The FIR has been registered under Sections 3 and 25 of the Arms Act, 1959 and under Sections 3(5), 109(1) and 103(1) of the Bharatiya Nyaya Sanhita, 2023 ("BNS"). There are two accused persons in the FIR, out of whom accused No.2 is before the Court. The Informant is one Priyanka Ishwar Wagh, relative of the present Applicant. 2.
With the assistance of the learned counsel for the parties, I have perused the FIR and record available with the Court. It appears that the deceased Trupti Kiran Mangale was daughter of the accused No.1-Applicant.
The deceased got married with one Avinash against the will of her father i.e. the original accused No.1 and therefore her father was not in favour of the marital relations between Trupti and Avinash. There was a marriage ceremony of the sister-in-law of the deceased. The deceased had come with her husband at the village on 27 April 2025. There was a Haldi program at about 10.15 p.m. The present Applicant had accompanied the father i.e. original accused No.1. The father removed a pistol from his pocket and fired at the deceased Trupti and Avinash. The present Applicant, as per the FIR, was at the date and place of the incident standing next to the father. As a result of such shooting, the said Trupti died on the spot and the husband sustained injuries. It is in these facts and circumstances that the FIR is lodged.
3.
After the matter was heard on the previous occasion, Mr. Lavte, learned APP had taken instructions. It so appears that the role of the original accused No.1 is extremely serious inasmuch as he is involved in shooting the daughter who died. This was apparently on account of daughter marrying against the wishes of the father.
4.
It is stated by the learned Advocate for the Applicant that the original accused No.1 is presently in judicial custody. On a careful perusal of the FIR, it appears that the role attributed to the son i.e. present Applicant is that he was only present at the date and time of the incident with father. There is no direct or indirect act constituting an offence which is attributable
to the son much less common intention from the FIR as far as the alleged incident of the father shooting the daughter is concerned. Though there are four eye witnesses, none have specifically named the present Applicant. The alleged weapon i.e. pistol is recovered. No further recovery is left to be done. The Applicant has undertaken to fully co-operate with the investigation. The learned Advocate for the Applicant informed the Court that the Applicant is 19 years old and is perusing Bachelor of Business Administration from Shirpur, Dhule. He undertakes to co-operate with the investigation.
5.
Considering such peculiar facts and circumstances as noted above holistically, custodial interrogation os this Applicant may not serve further purpose. A prima facie case for grant of Anticipatory Bail Application by this Applicant is made out. Hence, the following order with stringent terms and conditions would serve the ends of justice:-
ORDER
(i) In the event of arrest of the Applicant in connection with CR No.0266 of 2025 registered with Chopada City Police Station, Jalgaon for the offences punishable under Sections 3 and 25 of the Arms Act, 1959 and under Sections 3(5), 109(1) and 103(1) of the BNS, the Applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs.20,000 (Rupees Twenty Thousand Only) with one or more sureties in
the like amount.
(ii) The Applicant shall cooperate with the investigation and shall attend the concerned police station on every Saturday at 11.30 a.m., until filing of the charge-sheet. (iii) The Applicant shall furnish details of residential address and other contact details such as mobile number etc. to the concerned police station. If there is any change in the contact details, the same shall be immediately intimated to the concerned police station.
(iv) The Applicant shall not leave the jurisdiction of the Court without prior permission/order of the Court, until the further orders.
(v) The Applicant shall not influence the witness/es and/or tamper evidence in any manner whatsoever.
6.
Needless to mention that the observations made above are prima facie for the purposes of adjudicating this Application. 7.
The Anticipatory Bail Application is allowed in the above terms. [ADVAIT M. SETHNA, J.]