Laxmi Rahul Dabhade And Another v. The State Of Maharashtra

2025:BHC-AUG:22741 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1192 OF 2025 1.

Laxmi Rahul Dabhade 2.

Rahul Bhanudas Dabhade ... Applicants

Versus

The State of Maharashtra Through Osmanpura P.S., Dist. Aurangabad.

... Respondent.

.....

Mr. Rohit Patwardhan h/f. Mr. Kartik Sharma, Advocate for Applicants. Mrs. D. S. Jape, APP for Respondent - State.

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CORAM : ABHAY S. WAGHWASE, J.

DATED : 20 AUGUST 2025 ORDER :

1.

Apprehending arrest in Crime No.105 of 2025 registered with Osmanpura Police Station, Dist. Chh. Sambhajinagar for the offences punishable under sections 118(2), 118(1), 352, 351(2), 351(3) read with section 3(5) of the Bharatiya Nyaya Sanhita, present application for pre-arrest bail is pressed into service. 2.

Learned counsel for applicants submits that, applicants are falsely implicated for merely being parents of main accused against whom there are allegations of main assault. Learned counsel took this court through the FIR dated 05.06.2025 and would submit that, allegation are against only Yash and Pramod. That, no overt act

-2is attributed to present applicants except they to be present at the spot. Learned counsel submits that, therefore, there is no question of any recovery or discovery and hence no further question of custody. Learned counsel submits that, applicants are ready to co-operate with the investigating machinery and urges for grant of relief of anticipatory bail.

3.

Learned APP opposed on the ground that applicants are specifically named. Moreover, they are present at the scene of occurrence and for effective investigation, she prays for rejection. 4.

After considering the submissions and on going through the FIR dated 05.06.2025, it is emerging that, occurrence is of 02.06.2025. On going through the length and breadth of FIR, only role is attributed to present applicants is they are parents of Yash and were present at the spot. Resultantly, no overt act is attributed to them and no purpose would be served by securing their custody, relief as prayed deserves to be granted. Hence, I proceed to pass the following order :-

ORDER

(i) Application is allowed.

-3- (ii) In the event of arrest of applicants, namely (i) Laxmi Rahul Dabhade and (ii) Rahul Bhanudas Dabhade, in connection with Crime No.105 of 2025 registered with Osmanpura Police Station, Dist.

Chhatrapati Sambhajinagar for the offences punishable under sections 118(2), 118(1), 352, 351(2), 351(3) read with section 3(5) of the 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.

(iii) The applicants shall attend the concerned police station as and when called by the Investigating Officer and shall cooperate in the investigation. (iv) 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.

(v) 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