Rameshwar Baban Rathod v. The State Of Maharashtra And Others
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 13 ANTICIPATORY BAIL APPLICATION NO. 1673 OF 2024 1.
SHINDU W/O NILKANTH CHAVAN 2.
NILKANTH @ BABAN S/O GULAB CHAVAN ...Applicants
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ..Respondents ....
Mr G. G. Kadam, Advocate for Applicants Mrs M. L. Sangit, A.P.P. for Respondents/State WITH CRIMINAL APPLICATION NO. 4200 OF 2024 IN ANTICIPATORY BAIL APPLICATION NO.1673 OF 2024 RAMESHWAR BABAN RATHOD ....Applicant
VERSUS
STATE OF MAHARASHTRA AND OTHERS ....Respondents ....
Mr A. D. Patil a/w Mr A. S. Choudhary, Advocates for Applicant Mrs M. L. Sangit, A.P.P. for Respondent/State Mr G. G. Kadam, Advocate for Respondent Nos.2 & 3 CORAM : R. M. JOSHI, J.
DATE : 7th October, 2024 PER COURT :- 1.
At the outset, learned counsel Shri. Patil has filed Criminal Application No.4200/2024 to assist the learned APP.
(2) Having regard to the nature of the offences, said application is allowed. He opposes grant of any interim relief to applicants. 2.
Heard.
3.
Issue notice to respondents, returnable on 25/10/2024. Learned APP waives service of notice on behalf of the State. 4.
Learned counsel for applicants has drawn attention of this Court to the first information report indicating that, prior to one year of incident, the deceased had started living separately at Chhatrapati Sambhajinagar with her husband and sister-in-law. It is his submissions that there is no allegation against present applicants of causing any immediate harassment, which would lead to her to commit suicide. Prima facie, this Court finds substance in the contention of learned counsel for applicants. Hence, till the prosecution is heard in the matter, liberty of applicants is protected. Hence, the following order :-
ORDER
(i) Till next date, in the event of arrest of applicants in connection with Crime No.0774/2024, registered with M.I.D.C. Waluj Police Station, Dist.
(3) Chhatrapati Sambhajinagar, for the offences punishable under Sections 80 and 3(5) of the Bhartiya Nyaya Sanhita, they be released on bail on furnishing PR Bond of Rs. 15,000/- (Rs. Fifteen Thousand only) each with one surety in the like amount.
(ii) They shall attend the concerned police station once in a week.
(iii) They shall not contact the witnesses directly or indirectly.
(iv) They shall not interfere with the evidence in any manner whatsoever.
(v) They are further directed to cooperate the investigating agency for further investigation. (vi) Learned APP to communicate this order to the concerned Investigating Officer.
(R. M. JOSHI) Judge sjk