Vishal S/O Arun Khadke v. The State Of Maharashtra, Thr. Pso, Ps, Buldana, Dist. Buldana
2025:BHC-NAG:5556
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (ABA) NO.404 OF 2025 (Vishal s/o Arun Khadke 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. S.D. Chande, Advocate h/f Mrs. S.S. Kulkarni, Advocate for the applicant.
Mr. N.R. Rode, APP for the State.
CORAM:- URMILA JOSHI-PHALKE, J.
DATED :- JUNE 13, 2025.
Apprehending the arrest at the hands of police in connection with Crime No.462/2025 registered with Police Station Buldhana, District Buldhana for the offences punishable under Sections 74, 75(2), 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023, the applicant approached this Court for grant of anticipatory bail. 2.
The crime is registered on the basis of report lodged by the victim who is his sister-in-law, on an allegation that on 12/04/2025, the present applicant entered in her house and outraged her modesty by holding her hand and asking her for the sexual favours. On the basis of the said report, police have registered the crime against the present applicant.
3.
Learned Counsel for the applicant submitted that out of family dispute such type of allegations are
levelled against the present applicant. Even accepting the allegation as it is, the custodial interrogation of the present applicant is not required as allegations is only to the extent that he holds her hand. Considering the same, he be protected by granting anticipatory bail. 4.
Learned APP strongly opposed the application on the ground that present applicant who is brother-inlaw of the victim has not only outraged her modesty but also asked her for the sexual favours, and therefore, the custodial interrogation of the applicant is required. In view of that, the application deserves to be rejected. 5.
I have heard learned Counsel for both the sides. On perusal of the recitals of the FIR and the investigation papers it reveals that there are previous dispute between the two brothers and out of that dispute the alleged incident occurred. The allegation levelled are out of that family dispute. As far as the custodial interrogation of the present applicant is concerned which is not required. In view of that, the application deserves to be allowed. Accordingly, I proceed to pass the following order:
(i) The application is allowed.
(ii) In the event of the arrest, the applicant - Vishal s/o Arun Khadke in connection with
Crime No.462/2025 registered with Police Station Buldhana, District Buldhana for the offences punishable under Sections 74, 75(2), 352, 351(2) 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 once in a week. i.e. on every Monday between 10.00 AM and 1.00 PM and shall cooperate with the investigating agency.
(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.
The contravention of any of the condition would lead to the cancellation of bail.
6.
The application stands disposed of.
(URMILA JOSHI-PHALKE, J.) *Divya