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Bombay High CourtABA/1156/2025disposed off

Suresh Ambadas Todmal v. The State Of Maharashtra And Another

2025-08-20Hon'Ble Shri Justice Abhay S. Waghwase3 pages

2025:BHC-AUG:22635 {1} 1156-25-ABA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1156 OF 2025

1. Suresh s/O. Ambadas Todmal, Age: 45 years, Occu.; Labourer, R/o. Dehare, Tq. & Dist.Ahmednagar.

.... Applicant

Versus

1. The State of Maharashtra, Through : Police Inspector, M.I.D.C. Police Station, Tq. & Dist. Ahmednagar.

2. The Superintendent of Police, Ahmednagar, Dist. Ahmednagar.

.... Respondents.

......

Mr. R.S. Kasar, Advocate for Applicant Mr. N.D. Batule, APP for Respondents No.1 and 2 ......

CORAM : ABHAY S. WAGHWASE, J.

RESERVED ON : 19 AUGUST, 2025 PRONOUNCED ON : 20 AUGUST, 2025 ORDER :

1.

Applicant seeks anticipatory bail in connection with crime No. 0385 of 2025 registered with M.I.D.C. Police Station, Ahilyanagar, District Ahilyanagar, for the offence punishable under Sections 324(4), 352, 115(2), 118(1) and 118(2) of the Bhartiya Nyaya Sanhita (BNS).

{2} 1156-25-ABA 2.

Learned counsel alleged false implication by submitting that there are allegations of use of a stick and stone by very son and daughter-inlaw. That, there is a domestic dispute. That, the injuries sustained are simple in nature. That, considering the nature of the allegations, custodial interrogation is not necessary, and hence, relief of pre-arrest bail is sought.

3.

Learned APP opposed the application on the ground that grievous injuries were inflicted on the victim's head, leg, and chest. That, the victim was advised to undergo a CT scan. That, the applicant is named in the FIR and he is none other than the victim's son. Learned APP submitted that for the purpose of effective investigation, custodial interrogation of the applicant is necessary. He, therefore, prayed for rejection of the application.

Heard. Perused the FIR dated 11.05.2025. The occurrence seems to be occurred on 05.05.2025, wherein the applicant's mother has alleged that her son Suresh, his wife Komal, and her father Madhukar questioned her regarding agricultural activity. She has further alleged that she was assaulted on her hand with a stick. Allegation against the daughter-in-law is of pelting stones, and against the father-in-law, of hurling abuses. It is also alleged that during the incident, the

{3} 1156-25-ABA complainant lost her ornaments. She reported that she received medical treatment up to 10.05.2025, and thereafter lodged the FIR. 5.

Thus, here, there are allegations of assault against the informant's own son and daughter-in-law. Learned APP has placed on record the injury certificate of the informant. Injuries are suffered to the right cheek, hand, leg, and head; however, the injuries are reported to be grievous in nature. The allegations against the present applicant are that he assaulted his own mother using a wooden danda. As far as the daughter-in-law and her father are concerned, the allegations pertain to pelting stones. Therefore, the present applicant, Suresh, is not entitled to the relief as prayed for. Hence, I proceed to pass the following order:

ORDER

Anticipatory Bail Application is rejected.

ABHAY S. WAGHWASE, JUDGE S P Rane