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Bombay High CourtAPPLN/3223/2025application allowed

Sarjerao Kisanrao Chandar v. The State Of Maharashtra And Another

2025-08-22Hon'Ble Shri Justice Abhay S. Waghwase5 pages

{1}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1340 OF 2025 WITH CRIMINAL APPLICATION NO.3223 OF 2025 IN ABA/1340/2025 Sumanbai W/o. Gulabrao Shinde.

... Applicant

Versus

The State of Maharashtra ... Respondent ......

Mr. S.G. Shinde, Advocate for Applicant Mr. A.R. Lukhe, APP for Respondent - State ......

CORAM : ABHAY S. WAGHWASE, J.

RESERVED ON : 21 AUGUST 2025 PRONOUNCED ON : 22 AUGUST 2025 PER COURT :- 1.

The applicant apprehends her arrest in connection with Crime No. 0307 of 2025 registered at Ghansavangi Police Station, District Jalna, for offences punishable under Sections 115(2), 3(5), 351(2), 352, 80, and 85 of the Bharatiya Nyaya Sanhita, 2023. Hence, the instant anticipatory bail application.

2.

Criminal Application No.3223 of 2025 is filed for permission to assist learned APP. For the reasons mentioned in the application, the same is allowed and disposed of.

{2} 3.

Learned counsel for the applicant pointed out that, the applicant is 63 years of age and she happens to be mother-in-law of deceased Vaishnavi, who had allegedly committed suicide on 21.06.2025. According to the learned counsel, allegations regarding demand and harassment are omnibus and nonspecific. That, primary allegations are against the husband and brother-in-law and they are already arrested. He further pointed out that the alleged suicide was on 21.06.2025, but FIR is after 3 days, and therefore, there is possibility of false implication due to annoyance. That, husband and brother-in-law are already arrested. That, applicant is an old lady and she is ready to cooperate with investigating machinery and make herself available as and when required. Hence, relief of anticipatory bail is urged for.

4.

Learned APP as well as learned counsel for informant have strongly opposed on the ground that barely after 2 months after marriage, suicide has been committed. That, there was harassment for demand of Rs.5,00,000/-. That, deceased had informed family members. Learned counsel for informant pointed out that on the day of suicide itself, deceased had made phone a call to the informant as well as her uncle informing about demand of Rs.5,00,000/- being raised and harassment being inflicted. Learned counsel for informant

{3} brought to the notice of this Court photographs of deceased in hanging condition and would submit that the photographs and position of dead body does not suggest that it to be a case of suicidal hanging and there is possibility of murder. For all above reasons application is sought to be rejected.

5.

Heard. Perused the FIR dated 24.06.2025 at the instance of father of deceased. FIR shows that marriage of deceased was performed with Rameshwar in April, 2025. It is alleged that barely eight days after the marriage, the deceased was subjected to abuse on petty counts. It is alleged that husband Rameshwar was addicted to liquor and after getting drunk he used to put up demand of Rs.5,00,000/- for setting up shop and he used to regularly beat her. It is alleged that on 21.06.2025 deceased made a phone call and told that her mother-in-law Sumanbai, brother-in-law Daulat and husband Rameshwar were asking her to bring Rs.5,00,000/- for setting up the shop. He reported that his daughter informed him that she was being abused and threatened to be killed in the backdrop of the above demand, and that she had insisted he arrange the money. It is further alleged that, on the same day, the informant's brother, Shivram, also received a call from the deceased regarding the demand of Rs.5,00,000/-.

{4} 6.

Thus, as pointed out, allegations of beating after getting drunk and raising demands of Rs. 5,00,000/- are directed against the husband. Regarding the episode of 21.06.2025, though the applicant is named, who abused her and issued a threat to kill, but in what manner and who issued the threat to kill is not stated and rather allegations are directed against all three i.e. mother-in-law, brotherin-law, and husband. The husband and brother-in-law are said to be arrested.

7.

In the light of above discussion and considering the age of the applicant (mother-in-law), she deserves protection.

ORDER

(i) Application is allowed.

(ii) In the event of arrest of applicant in connection with Crime No. 0307 of 2025 registered at Ghansavangi Police Station, District Jalna, for offences punishable under Sections 115(2), 3(5), 351(2), 352, 80, and 85 of the Bharatiya Nyaya Sanhita, she shall be released on executing P.B. and S.B. of Rs.15,000/- with one surety in the like amount.

{5} (iii) The applicant shall attend the concerned Police Station on every Monday and Thursday and shall co-operate in the investigation.

(v) The applicant shall not tamper the prosecution evidence. ABHAY S. WAGHWASE, JUDGE S P Rane