Harsing Kisan Bahure And Others v. The State Of Maharashtra And Another

2025:BHC-AUG:28396

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

937 ANTICIPATORY BAIL APPLICATION NO.1075 OF 2025 1.

Harsing Kisan Bahure 2.

Dhiraj Harsing Bahure 3.

Latabai Harsing Bahure 4.

Shantabai Pratapsing Chandvade 5.

Zubarbai Kisansing Bahure ..Applicants

Versus

The State of Maharashtra And Another ..Respondents .....

Shri. N. S. Ghanekar, Advocate for the Applicant Shri. B. B. Bhise, APP for the Respondents - State. .....

CORAM : NEERAJ P. DHOTE, J.

Dated :

OCTOBER 09, 2025 PER COURT :- .

Heard the learned Advocate for the Applicants and the learned APP for the State. Perused the papers on record. 2.

Crime No.0191/2025 came to be registered with Pachod Police Station, Dist. Chhatrapati Sambhajinagar (Rural) for the offence punishable under Sections 109, 115(2), 118(1), 189(2), 190, 191(2), 191(3), 351(3), 352 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') against the Applicants and the Co-Accused. The Applicants are apprehending arrest in the aforesaid Crime and therefore filed this Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS') for Anticipatory Bail.

3.

The case of the Prosecution, in brief, is that, in the night of 19.05.2025 the Informant and her Son were assaulted by the Accused persons. According to the Informant, she was assaulted by Stick, hands and fists and the Applicant Nos.3 and 5 caught hold her and the Applicant Nos.1 and 2 opened her mouth and administered the poison so as to kill her. The Informant raised alarm. Her relatives reached the spot and the Applicants left the spot by giving threat. On the Statement recorded by the Informant, the aforesaid Crime came to be registered. 4.

Though the incident is dated 19.05.2025, the Report is lodged on 24.05.2025. Though the role of assault by all the Applicants and the Co-Accused is attributed, the Injury Certificate issued by the District Hospital, Chhatrapati Sambhajinagar shows three (3) simple injuries on the Informant. The MLC information of the District Hospital dated 19.05.2025, which is the date of incident, shows alleged history of suicidal by unknown compound and the consumption. The FIR shows that, both the sides are in dispute in respect of the agricultural land. It is clear that there is exaggeration in the FIR and the possibility of the false implication cannot be ruled out. Considering all these aspects, I am inclined to allow the Application. Hence, the following order.

O R D E R

i) The Application is allowed.

ii) In the event of arrest of the Applicants, namely, Harsing Kisan Bahure, Dhiraj Harsing Bahure, Latabai Harsing Bahure, Shantabai Pratapsing Chandvade, Zubarbai Kisansing Bahure, in connection with Crime No.0191/2025 registered with Pachod Police Station, Dist. Chhatrapati Sambhajinagar (Rural), they be released on bail on executing P.B. of Rs.15,000/- (Rupees Fifteen Thousand) each, with one or two surety/sureties in the like amount.

iii) The Applicants shall attend the concerned Police Station as and when called.

iv) The Applicants shall not tamper the evidence of the Prosecution in any manner.

v) The Applicants shall cooperate with the investigating machinery. vi) Bail before the Trial Court.

vii) The Application stands disposed off.

( NEERAJ P. DHOTE, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 09/10/2025 19:33:21