Laxmi W/O Dilip Gaikwad v. The State Of Maharashtra And Another

2025:BHC-AUG:2025 ABA 1585/24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 940 ANTICIPATORY BAIL APPLICATION NO. 1585 OF 2024 LAXMI W/O DILIP GAIKWAD

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. A. R. Hange h/f. Mr. R. G. Hange APP for Respondent Nos. 1 and 2 : Mr. A. A. A. Khan ...

CORAM : ARUN R. PEDNEKER, J.

Dated : January 24, 2025 PER COURT :- 1.

Heard learned counsel for the applicant and the learned APP for the respondent-State.

2.

The applicant is apprehending arrest in connection with Crime No. 198 of 2024, dated 11.06.2024, registered at Beed Rural Police Station, Tq. And Dist. Beed, for the offences punishable under sections 307, 324, 504 r/w 34 of I.P.C. and under sections 4 r/w 25 of Arms Act. 3.

The applicant is lady. The allegation against the applicant is that while the informant was being attacked by Santosh Gaikwad, the brother-in-law of informant Balasaheb Naikwade intervened. At that time, the present applicant and another accused held Balasaheb and did not allow him to intervene. Thereafter, assault was continued on informant. The informant suffered injuries on his back and forearm.

4.

This Court has granted interim protection to the applicant vide order dated 24.09.2024. The learned counsel for the applicant submits that there are prior disputes between the parties and applicant who is lady is falsely implicated in this crime. The learned counsel therefore prays to confirm the interim relief granted earlier.

ABA 1585/24 5.

Considering that, applicant along with other co-accused has held brother-in-law of the informant during the incident and considering that there is prior dispute between the parties, the possibility of false implication of the applicant cannot be ruled out. Considering that, the applicant is a lady and very limited role is attributed to her in this crime, I deem it appropriate to confirm interim protection granted to the applicant. 6.

In view of the above, the application is allowed and interim protection granted to the applicant vide order dated 24.09.2024 is confirmed on the following terms :

i] The applicant shall attend the police station as and when required.

ii] The applicant shall not tamper with the evidence of the prosecution in any manner. She shall not influence the informant, witnesses and other persons concerned with the case. iii] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.

7.

In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled. 8.

It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

9.

The application stands disposed of.

( ARUN R. PEDNEKER, J. ) ssc/