← Library
Bombay High CourtABA/317/2025allowed

Radhabai Ambadas Aglave v. The State Of Maharashtra, Thr. Pso, Amdapur

2025-06-11Hon'Ble Justice Urmila Joshi Phalke3 pages

2025:BHC-NAG:5483

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO.317 OF 2025 (Radhabai Ambadas Aglave 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. M.N. Ali, Advocate for the applicant.

Mr. A.J. Gohokar, APP for the State.

CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- JUNE 11, 2025.

Apprehending the arrest at the hands of police in connection with Crime No.114/2025 registered with Police Station Amdapur, District Buldhana for the offence punishable under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, the applicant approached this Court for grant of pre-arrest bail.

2.

Learned Counsel for the applicant submitted that the crime was registered on the basis of report lodged by Kavita Sanjay Jadhav alleging that out of previous dispute on account of the agricultural land between the two families, the present applicant and other co-accused allegedly assaulted the informant and other prosecution witnesses. As far as the allegation against the present applicant is concerned which are only to the extent that assault by fist and kick blows. On the basis of the said report, police have registered the crime against the present applicant. He submitted that considering the role of the present applicant, her custodial interrogation is not

required. In view of that, she be released on anticipatory bail.

3.

Learned APP strongly opposed for the same on the ground that in furtherance of common intention, the informant and the other prosecution witnesses were assaulted. The husband of the informant is also assaulted by the present applicant. In view of that, the prayer for grant of anticipatory bail deserves to be rejected. 4.

On hearing both the sides and on perusal of the investigation papers it reveals that the allegation against the present applicant is that she has assaulted by means of fist and kick blows. She has cooperated with the investigating agency. In view of that, the application deserves to be allowed. Accordingly, I proceed to pass following order:

(i) The application is allowed.

(ii) In the event of arrest, the applicant - Radhabai Ambadas Aglave in connection with Crime No.114/2025 registered with Police Station Amdapur, District Buldhana for the offence punishable under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, be released on anticipatory bail, on executing P.R. Bond in the sum of Rs.25,000/- with one solvent surety in the like amount.

(iii) The applicant shall attend the concerned police station as and when required for the investigation purpose on receipt of the notice from the Investigating Officer.

(iv) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case either personally or by way of electronic media.

5.

On contravention of any of the condition would lead to the cancellation of bail.

6.

The application stands disposed of.

(URMILA JOSHI-PHALKE, J.) *Divya