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Bombay High CourtABA/377/2025allowed

Rupali Satish Thakare v. State Of Maharashtra Thr Pso Ps Lohara Yavatmal

2025-06-26Hon'Ble Justice Urmila Joshi Phalke3 pages

2025:BHC-NAG:6103

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.

OF 2025 Rupali Satish Thakre 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. F.R. Kashif, counsel for the applicant.

Ms. H.N. Prabhu, APP for non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 26/06/2025.

1.

Apprehending the arrest at the hands of police in connection with Crime No. 126 of 2025 registered with Police Station Lohara, Tah. and District Yavatmal for the offence punishable under Sections 3(5), 308(4), 324(4), 351(2) and 352 of the Bhartiya Nyaya Sanhita, 2023, the applicant approached this Court for grant of pre-arrest bail. 2.

Heard learned counsel for the applicant, who submitted that crime was registered on the basis of a report lodged by Vipin Jaipal Ganvir. As per his allegation, he had rented his house initially to one Wasnik. The said Wasnik has, without his permission, rented the said house to other co-accused namely Amit Deshmukh and the present applicant. It is alleged that present applicant and the other co-accused were running the prostitution business in the said house. Therefore, he asked them to vacate the house, but instead of vacating the house, they threatened him and

demanded Rs. 10,00,000/-. Therefore, he approached the Police Station and lodged the report.

He further submitted that as far as the role of the present applicant is concerned, which is very limited, and general allegations is levelled against them. Therefore, she is protected by granting ad-interim protection. As far as the custodial interrogation is concerned, the applicant is ready to cooperate with the investigating agency. In view of that, she be released on anticipatory bail.

3.

Learned APP strongly opposed the said application on the ground that there are criminal antecedents against the present applicant. The proposal for externment is also pending against her. Considering she is a habitual offender, the application deserves to be rejected.

4.

On hearing both sides and on perusal of the recitals of the FIR and the investigation papers, it reveals that there are various offences registered against the present applicant, and as per the submission of learned APP, though externment proceedings are initiated, she has not yet externed. It is well settled that only criminal antecedents is not sufficient to reject the application, one has to see the role of the present applicant in the above-said crime. Considering the allegation levelled against her, which are general in nature, the applicant has made out a case for grant of anticipatory bail. Accordingly, I proceed to pass the following order.

a] Criminal application is allowed.

b] In the event of arrest in connection with Crime No. 126 of 2025 registered with Police Station Lohara, Tah. and District Yavatmal for the offence punishable under Sections 3(5), 308(4), 324(4), 351(2) and 352 of the Bhartiya Nyaya Sanhita, 2023, the applicant - Rupali Satish Thakre shall be released on anticipatory bail, on executing P.R. Bond of Rs. 25,000/- with one solvent surety in the like amount.

c] The applicant shall attend the concerned police station twice in a week on Monday and Thursday between 10.00 a.m. to 01.00 p.m.

and shall cooperate with the investigating agency.

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

e] The applicant shall not indulge herself in similar type of the activities.

f] The State is at liberty to move application for cancellation of bail, in case of breach of any condition or the applicant repeats the similar offence.

[URMILA JOSHI-PHALKE, J.]