← Library
Bombay High CourtABA/101/2025allowed

Lakshmi W/O Prakash Manjare And ANR. v. The State Of Maharashtra Thr. P.S.O. P.S. Malegaon, Tq. Malegaon And Dist. Washim

2025-04-01Hon'Ble Justice Urmila Joshi Phalke3 pages

2025:BHC-NAG:3597

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.101 OF 2025 Lakshmi w/o Prakash Manjare and another Vs State of Maharashtra Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. K.M. Shekhar, counsel for applicants.

Mr. N.B. Jawade, APP for non-applicant./State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 01/04/2025.

1.

Apprehending the arrest at the hands of police in connection with Crime No. 23/2025 registered with Police Station Malegaon, District Washim for the offence punishable under Sections 109, 352, 351(2), 351(3), 189(2), 191(2), 191(3), 190 of the Bharatiya Nyay Sanhita, 2023, the applicants approached this Court for grant of pre-arrest bail.

2.

The crime is registered on the basis of the report lodged by the informant, while she was proceeding for washing the clothes, at about 12.00 noon, co-accused Anil Manjare asked her not to go by crossing his house and abused her and threatened her with dire consequences. It is submitted by the learned counsel for the applicants that as far as the present applicants are concerned, general allegations are levelled against them, and their custodial interrogation is not required. In view of that, interim protection granted to them deserves to be confirmed.

3.

The learned APP strongly opposed the application, submitting that, in view of the allegations made against the present applicants and other co-accused, as well as the injuries sustained by the informant and other prosecution witnesses in the alleged incident, their custodial interrogation is necessary.

4.

On hearing both sides and on perusal of the investigation papers, it reveals that general allegations are levelled against the present applicants and therefore, their custodial interrogation is not required. In view of that, the interim protection granted to the present applicants by order dated 20/02/2025 deserves to be confirmed. Accordingly, I proceed to pass the following order: a] The criminal application is allowed.

b] In the event of the arrest, the applicant Nos.1 Lakshmi w/o Prakash Majare, applicant No.2 Vimala w/o Ganesh Manjare in connection with Crime No. 23/2025 registered with Police Station Malegaon, District Washim for the offence punishable under Sections 109, 352, 351(2), 351(3), 189(2), 191(2), 191(3), 190 of the Bharatiya Nyay Sanhita, 2023, shall be released on anticipatory bail on executing P.R. bond of Rs.25,000/- each with one solvent surety each in the like amount.

c] The applicants shall attend the concerned police station on every Wednesday between

10.00 AM to 01.00 PM and shall cooperate with the investing agency till the filing of the charge-sheet.

d] The applicants shall not induce, threat or promise any witnesses who are acquainted with the facts of the present case.

5.

The criminal application is disposed of accordingly.

[URMILA JOSHI-PHALKE, J.]