Devikabai Narayan Ghunawat v. The State Of Maharashtra
2025:BHC-AUG:22619 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1091 OF 2025 Devikabai Narayan Ghunawat ... Applicant (Orig. Accused No.8)
Versus
The State of Maharashtra ... Respondent ......
Mr. S. J. Salunke, Advocate for Applicant.
Mr. S. M. Ganachari, APP for the Respondent - State. ......
WITH ANTICIPATORY BAIL APPLICATION NO. 1093 OF 2025 1.
Rambhabai Kisan Bahure 2.
Kavita W/o. Ganesh Jarwal 3.
Rukhmanbai W/o. Sitaram Gusinge, 4.
Kasabai W/o. Champalal Sulane ... Applicants
Versus
The State of Maharashtra ... Respondent ......
Mr. S. J. Salunke, Advocate for Applicants.
Mr. S. M. Ganachari, APP for the Respondent - State. ......
WITH ANTICIPATORY BAIL APPLICATION NO. 1180 OF 2025 1.
Udhal Kisansing Bahure, 2.
Lalita Udhal Bahure ... Applicants
Versus
The State of Maharashtra ... Respondent
-2- ......
Mr. G. J. Pahilwan, Advocate for Applicants.
Mr. C. V. Bhadane, APP for the Respondent - State. ......
CORAM : ABHAY S. WAGHWASE, J.
DATED : 19 AUGUST 2025 ORDER :
1.
These are the applications under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 preferred by the applicants for pre-arrest bail in connection with Crime No.0192 of 2025 registered with Pachod Police Station, District Chhatrapati Sambhajinagar for the offences punishable under sections 109, 115(2), 118(1), 189(2), 351(3), 352 of Bharatiya Nyaya Sanhita.
2.
After hearing learned counsel for the applicants in Anticipatory Bail Application No. 1180 of 2025 at length, when disinclination is shown to grant any relief to applicant no.1 Udhal Kisansing Bahure, learned counsel, on instructions, seeks leave to withdraw his application.
3.
Pointing to the FIR, both learned counsel submitted that, there is false implication. That, there are allegation that, informant was initially gaged and taken to a spot and then she was tried to be run over.
-3As regards to allegation of running over are directed against one Udhal and as regards to present applicants are concerned, there are general and omnibus allegations. That, there is dispute over land and as such there is false implication. That, papers of civil dispute are also placed on record. Learned counsel submits that, applicants are ready to co-operate and when nothing is to be recovered, both learned counsel pray to grant relief.
4.
Learned APP has strongly opposed on the ground that, there are allegations of attempt to kill by gagging and thereafter taking complainant to a spot, thrown down and tractor is tried to be run over her. Present applicants are also named. That, injury certificate is also gathered by investigating machinery. For above reasons, application is sought to be rejected.
5.
Perused the FIR dated 24.05.2025 at the instance of Jumbarbai, wherein she has named in all seven persons on the premise that, on 19.05.2025, while she was sleeping in the courtyard, when she realized that she was being gaged, she woke up and saw Udhal Kisan Bahure along with Lalita, Rambhabai, Ramchandra, Kavita, Rukmanbai to be present around. She has alleged that, she was taken towards construction site and there it is alleged that, she was beaten by bricks. As
-4regards to running over is concerned, allegations are directed against Udhal. Therefore, serious allegations are only against Udhal. Hence, application as regards to present applicants deserves to be allowed as allegations are general and non specific. Hence, the following order is passed :
ORDER
(i) Anticipatory Bail Application No. 1180 of 2025 is partly allowed.
(ii) Anticipatory Bail Application No. 1093 of 2025 and Anticipatory Bail Application No. 1091 of 2025 are allowed. (iii) Anticipatory Bail Application No. 1180 of 2025 as regards to applicant no.1 Udhal Kisansing Bahure is dismissed as withdrawn.
(iv) In the event of arrest of applicants, namely, (i) Devikabai Narayan Ghunawat, (ii) Rambhabai Kisan Bahure, (iii) Kavita W/o. Ganesh Jarwal, (iv) Rukhmanbai W/o. Sitaram Gusinge (v) Kasabai W/o. Champalal Sulane, (vi) Lalita Udhal Bahure, in connection with Crime No.0192 of 2025 registered with Pachod Police Station, District Chhatrapati Sambhajinagar for the offences punishable under sections 109, 115(2), 118(1), 189(2), 351(3), 352 of BNS, they shall be released on executing P.B. and S.B. of Rs.20,000/- each with one surety each in the like amount.
(v) The applicants shall attend the concerned police station as
-5and when called by the Investigating Officer and shall cooperate in the investigation. (vi) The applicants shall furnish details of residential address and other contact details such as the mobile number etc. to the concerned police station. If there is any change in the contact details, the same shall be immediately informed to the concerned police station.
(vii) Applicants shall not contact and/or influence the witness/es and/or tamper with the evidence in any manner whatsoever. (ABHAY S. WAGHWASE, J.) Tandale