Rajratan S/O Bhimrao Manwar v. The State Of Maharashtra, Thr. Pso, Ps, ,Awdhutwadi, Yavatmal, Dist. Yavatmal
2025:BHC-NAG:5883
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 37 Mr. Rajratan s/o Bhimrao Manwar 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 Ms. Kirti Deshpande, counsel for applicant.
Mr. N.R.Rode, APP for non-applicant/State.
CORAM : URMILA JOSHI-PHALKE, J.
DATED : 23/06/2025.
1.
Apprehending the arrest at the hands of police in connection with Crime No. 521/2025 registered with Police Station, Awdhutwadi, District Yavatmal for the offence punishable under Sections 118(1), 351(2), 351(3), 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 informant is the wife of the present applicant, who alleged that on 21/03/2025 at about 9.30 p.m. the present applicant assaulted her by means of slaps as well as by stick, and therefore, she sustained the injury. She submitted that applicant and the informant have been residing separately since long, and there is no matrimonial relationship between them. With these false allegations, this report is lodged, and custodial interrogation of the present applicant is not required. In view of that, he be protected by granting anticipatory bail.
3.
The learned APP strongly opposed the said application and submitted that if applicant is released on anticipatory bail, there is every possibility of repeating such type of incident, in view of that, the application deserves to be rejected.
4.
On hearing both sides and on perusal of the investigation papers, it reveals that informant has sustained injuries which are simple in nature. The allegations are to the extent that he has assaulted her by means of slaps and sticks, due to which she has sustained the laceration wound. Considering the nature of crime committed by the present applicant, admittedly his custodial interrogation is not required, however, some conditions require to be imposed. In view of that, the application deserves to be allowed. Accordingly, I proceed to pass the following order. a] Criminal Application is allowed.
b] In the event of arrest in connection with Crime No. 521/2025 registered with Police Station, Awdhutwadi, District Yavatmal for the offence punishable under Sections 118(1), 351(2), 351(3), 352 of the Bhartiya Nyaya Sanhita, 2023, the applicant- Mr. Rajratan s/.o Bhimrao Manwar shall be released on anticipatory bail on furnishing P. R. Bond in the sum of Rs.
25,000/- with one solvent surety in the like amount.
c] The applicant shall not enter into the vicinity of Kinwat, District Nanded till culmination of the trial.
d] The applicant shall produce the stick before the investigating officer by attending the concerned police station on 30/06/2025, and the said period will be considered as his custody for the purpose of Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023.
e] The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case.
Criminal Application is disposed of.
[URMILA JOSHI-PHALKE, J.]