Shyamlal S/O Tilichand Gautam v. State Of Maharashtra Thr Pso Ps Rawanwadi Tal And Dist Gondia
2025:BHC-NAG:8900
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (BA) NO.847 OF 2025 (Shyamlal s/o Tilichand Gautam 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.N. Singh, Advocate for the applicant.
Mr. A.M. Ghogare, APP for the State.
CORAM:- URMILA JOSHI-PHALKE, J.
DATED :- AUGUST 25, 2025.
By this application, the applicant is seeking bail as he came to be arrested on 08/07/2025 in connection with Crime No.275/2025 registered with Police Station Rawanwadi, District Gondia for the offences punishable under Sections 140(4), 118(2), 189(1)(3)(4) and 191(1)(2)(3) and 115 of the Bharatiya Nyaya Sanhita, 2023.
2.
The crime is registered on the basis of report lodged by the informant on an allegation that on 05/06/2025 with the daughter of accused No.1 on 02/04/2025 and the said marriage was solemnized against the desire of the accused No.1 because of that he was annoyed against the informant and his family members. On the day of incident at around 2.00 PM the informant and his other family members were present in his house at that time accused No.1 i.e. father-in-law of the informant along with 4 to 5 persons came to his house by four wheeler and asked the informant about the daughter and also started abusing the informant. All the persons started assaulting the informant and his father. The present applicant allegedly caught hold the collar of the father
of the informant also given kicks and fist blows to the father of the informant due to which he has sustained the injuries. Thereafter they forcibly abducted the informant's father and took him in the car and also assaulted him in the nearby jungle and thereafter released the injured in the said forest. On the basis of the said report, police have registered the crime against the present applicant.
3.
Learned Counsel for the applicant submitted that the applicant is implicated only because of the previous enmity. As far as further incarceration is concerned which is not required. Now, the investigation is already completed. A limited role is attributed to the present applicant, nothing is to be seized from the present applicant as now the investigation is already completed. There are no criminal antecedents against him. In view of that, he be released on bail.
4.
Learned APP strongly opposed the application and invited my attention towards the statement of the injured who has specifically attributed the role of the present applicant. In view of that, the application deserves to be rejected.
5.
On hearing both the sides and on perusal of the investigation papers especially the statement of the injured which shows the role attributed to the present applicant of catching hold the father of the informant and assaulting him by fist and kick blows. As far as taking the father of the informant in the forest is concerned, no specific role is attributed to the present applicant. Now, the investigation is already completed and charge-sheet is file, there are no
criminal antecedents. Considering the same, the application deserves to be allowed. Accordingly, I proceed to pass the following order:
(i) The application is allowed.
(ii) The applicant - Shyamlal s/o Tilichand Gautam in connection with Crime No.275/2025 registered with Police Station Rawanwadi, District Gondia for the offences punishable under Sections 140(4), 118(2), 189(1)(3)(4) and 191(1)(2)(3) and 115 of the Bharatiya Nyaya Sanhita, 2023, be released on 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 not enter into the vicinity of village Rawanwadi, District Gondia till the culmination of the trial.
(iv) The applicant shall attend the proceedings before the trial Court without seeking any exemption unless there are exceptional circumstances.
(v) 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.
6.
The application stands disposed of.
(URMILA JOSHI-PHALKE, J.) *Divya