Ritesh Rajendra Jaiswal v. The State Of Maharashtra And Another

919 BA NO. 1362 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 919 BAIL APPLICATION NO. 1362 OF 2025 RITESH RAJENDRA JAISWAL

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Mr. Sudarshan J. Salunke, Advocate for Applicant Mr. R. S. Wani, APP for Respondents/State ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 20.09.2025 PER COURT :- 1.

Heard.

2.

This is an application for grating bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No.104 of 2025 registered at M.I.D.C. Latur Police Station, District Latur, for the offences punishable under Sections 108, 85, 115, 352, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 3.

The informant, Kondabai Kishor Jaiswal, averred in the report that the marriage between her daughter and the applicant had been solemnized about six years prior to the incident. At the time of the incident, the informant's daughter was two months pregnant. The applicant was harassing her, doubting her character and also beat her. He also taunted her by saying, your father did not give articles in marriage, your parents are beggars. The informant averred in the report

(( 2 )) 919 BA NO. 1362 OF 2025 that on 14.02.2205, due to the mental and physical cruelty inflicted by the applicant and other co-accused, her daughter committed suicide by hanging herself in the house.

4.

The learned advocate for the applicant submitted that the applicant has roots in the society and he will not flee away from the trial. The trial will take a long period. It is lastly prayed to allow the application. 5.

The learned APP for the State strongly opposed the application and pointed out the report, charge-sheet and post mortem report. The postmortem report indicates that the cause of death was hanging. It is also pointed out that the applicant had abused the relatives of Sonam and had doubted her character before she committed suicide. The learned APP submitted that if the applicant is released on bail, there is possibility that he may pressurize the prosecution witnesses and tamper with the evidence. It is lastly prayed to reject the application.

6.

Perused the charge-sheet, particularly the report and the Postmortem report. Without adverting to the merits of the case and considering that the quantum of punishment prescribed for the offence punishable under Section 108, which is up to 10 years, the application deserves to be allowed on the principle that bail is rule and jail is exception. Hence, the following order:

(( 3 )) 919 BA NO. 1362 OF 2025 ::ORDER::

I.

The application is allowed.

II.

The applicant, in connection with Crime No.104 of 2025 registered at M.I.D.C. Latur Police Station, District Latur, for the offences punishable under Sections 108, 85, 115, 352, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond of Rs.25,000/- with one surety of the like amount on following conditions:- a) The applicant shall not tamper with the prosecution evidence and shall not pressurize the witnesses, in any manner. [ SANJAY A. DESHMUKH, J. ] HRJadhav