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Bombay High CourtABA/739/2025ca disposed off

Ganesh Keshav Rathod v. The State Of Maharashtra Thr Pso, Ps Ghatanji, Yavatmal

2025-10-07Hon'Ble Mrs. Justice Vrushali V. Joshi4 pages

2025:BHC-NAG:10368 1 / 4 17- aba 739-25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION(ABA) NO.739 OF 2025 Ganesh Keshav Rathod Vs. State of Maharashtra ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr. N.B.Rathod, counsel for the applicant.

Mr.Anant Ghogare, APP for the State.

CORAM : MRS. VRUSHALI V. JOSHI, J.

DATE : 07/10/2025 1) The applicant is apprehending his arrest in Crime No.663 of 2025 registered with Police Station Ghatanji, District Yavatmal for the offence punishable under Sections 103 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2) It is alleged that there is political rivalry between the present applicant and other co-accused. It is alleged that on 25.07.2025, a live electric wire was installed outside the house of the informant, which resulted into electrocution and death of the wife of the informant in the midnight, when she went outside the house for answering the natures call. It is alleged that the informant also sustained electric shock and injured. The live wire was installed by the

2 / 4 17- aba 739-25 applicant and other accused persons owing to the political rivalry. On the complaint lodged by the first informant, the crime is registered against the present applicant and the other accused persons.

3) The learned counsel for the applicant has stated that only on the suspicion, the name of the present applicant is mentioned in the First Information Report. The case is based on the circumstantial evidence. Nobody has seen the applicant near the house of the deceased. There is no question of conspiracy. The applicant is staying 22 kms away from the said village, however, he is having farm in the said village. He was present on that day in his farm till 3.00 p.m. The police have collected the CCTV footage from his farm. There are total six accused persons out of them, bail of two accused is rejected by the trial Court. This Court has granted anticipatory bail to one of the accused namely, Vinod Ramkrushna Chavhan. Considering the nature of the offence, prayed to grant anticipatory bail.

The applicant is ready to abide by all the conditions imposed. 4) The learned APP has opposed the application stating that the custodial interrogation of this applicant is necessary as due to rivalry the name of this applicant is mentioned. Other co-accused are in contact with this applicant.

3 / 4 17- aba 739-25 this applicant is necessary as CCTV footage is yet to be verified to ascertain, who has purchased the electric wire and plug. Considering the gravity of the offence prayed to reject the application.

5) Heard both the sides.

6) It appears from the record that only on the suspicion the name of the applicant is arraigned as accused. The case is based on the circumstantial evidence. Nobody was there to point out that the applicant was present and he has conspired. Considering the allegations against this applicant and as one of the accused is protected by granting anticipatory bail. The applicant is having similar role, hence parity is available, the case is made out to release the applicant by granting anticipatory bail.

Accordingly, I pass following order:

i] It is directed that in the event of arrest of the applicant- Ganesh Keshav Rathod in connection with Crime No.663 of 2025 registered with Police Station Ghatanji, District Yavatmal for the offence punishable under Sections 103 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 shall be released on bail on furnishing P.R. Bond in the sum of Rupees Twenty Thousand with one solvent surety in the like amount.

ii] The applicant shall not in any way tamper with the prosecution evidence.

4 / 4 17- aba 739-25 iii] The applicant shall not pressurize or threaten the prosecution witnesses.

iv] The applicant shall attend the concerned police station on every Monday and Saturday between 7:00 p.m. and 9:00 p.m.

v] The applicant shall co-operate the investigation officer.

Application stands disposed of accordingly.

JUDGE