Sujata Rajendra Gade And Another v. The State Of Maharashtra
2025:BHC-AUG:1818
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD 938 ANTICIPATORY BAIL APPLICATION NO. 1960 OF 2024 1.
Sujata Rajendra Gade, 2.
Anjana Nanabhau Gade.
VERSUS
The State Of Maharashtra ...
Advocate for Applicant : Ms. Suvarna Zaware h/f Mr. Dushing S. B. APP for Respondents-State: Mr. B. B. Bhise ...
CORAM : ARUN R. PEDNEKER, J.
Dated : January 22, 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 FIR No.I0726/2024, dated 12/10/2024, registered at Parner Police Station, District Ahmednagar, for the offences punishable under sections 106, 115 (2), 126(2), 3 (5) of the Bharatiya Nyaya Sanhita, 2023. 3.
This Court, by order dated 17/12/2024, granted interim protection to the applicants. The allegation against the applicants is that they are coaccused who stopped the vehicle in which the son of the applicant was being taken to the hospital through the applicants' field. It is alleged that they obstructed the vehicle, contending that it could not travel through their field.
4.
The other two male accused were arrested and subsequently 1 of
938 ABA 1960-2024 granted bail by order dated 13/01/2025 by this Court. While granting bail to the male accused, this Court observed that there were no medical records to show that the son of the informant did not receive timely treatment, leading to his death.
5.
The learned APP submits that the applicant Sujata is responsible for the death of the son of the informant, alleging that her role in blocking the vehicle was active and significant. 6.
Considering that accused Nos. 1 and 2 (male members) have already been granted bail and that there was a prior civil dispute between the parties, it cannot be conclusively stated that the applicants are directly responsible for the death of the son of the informant, who was being taken to the hospital in the vehicle through the field of the applicant. In view of the above, the interim protection granted by order dated 17/12/2024 stands confirmed.
7.
In view of the above, the application is allowed in the following terms : - i] In the event the applicants are arrested in connection with FIR No.I-0726/2024, dated 12/10/2024, registered at Parner Police Station, District Ahmednagar, for the offences punishable under sections 106, 115 (2), 126(2), 3 (5) of the Bharatiya Nyaya Sanhita, 2023, they shall be released on bail on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to 2 of
938 ABA 1960-2024 the satisfaction of the trial Court.
ii] The applicants shall attend the police station as and when called by the police.
iii] The applicants shall not tamper with the evidence of the prosecution in any manner. They shall not influence the informant, witnesses and other persons concerned with the case. iv] The applicants shall co-operate with the investigation and also in the proceedings before the trial Court. 8.
In the event, the applicants violates any of the conditions specified in this order, it shall be liable to be cancelled. 9.
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. 10.
The application stands disposed of.
( ARUN R. PEDNEKER, J. ) vj gawade/-.
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