Shailesh Suresh Gaikwad v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2342 OF 2025 Shailesh Suresh Gaikwad ...Applicant

Versus

The State Of Maharashtra

...Respondent

Mr. Viresh Purwant for the applicant Mr. S. S. Chaudhari APP for the State Mr. Pradeep Zalte, API, Barshi City Police Station CORAM :

SHIVKUMAR DIGE, J.

DATE :

29th SEPTEMBER 2025 P.C.:

IRESH MASHAL 1.

Applicant is apprehending his arrest in C.R. No. 536 of Digitally signed by IRESH MASHAL Date:

2025.09.30 17:47:56 +0530 2025 registered with Barshi City Police Station, District Solapur for offences punishable under Sections 109, 85, 115(2), 352, 351(2), 351(3) of Bhartiya Nyay Sanhita, 2023. 2.

It is the prosecution's case that the applicant is husband of the first informant. There was quarrel between the applicant and the first informant. It is alleged that due to the said quarrel, the applicant forcefully poured poison in the mouth of the first 1/3

informant with intention to kill her.

3.

It is the contention of learned counsel for applicant that the applicant has been falsely implicated in this case. While giving history of the incident, the first informant has stated that out of anger, she had drank poison. No injuries were on her face and neck. Hence, requested to allow the application. 4.

It is the contention of learned APP that the applicant forcefully poured poison in the mouth of the first informant with intention to kill her. Considering the allegations against the applicant, his custodial interrogation is required. Hence, requested to reject the application.

5.

I have heard both learned counsel, perused F.I.R. and documents produced on record. The police report dated 29th September 2025 produced on record shows that medical history given by the first informant before the doctor while admitting to the hospital, she has stated that out of anger, she drank the poison.

6.

Considering these facts, custodial interrogation of the applicant is not required and I pass the following order: 2/3

O R D E R

I.

The Application is allowed.

II.

In the event of arrest, the applicant be enlarged on bail in C.R. No. 536 of 2025 registered with Barshi City Police Station, District Solapur on furnishing P.R. Bond in the sum of Rs. 20,000/- with one or two sureties in the like amount. III.

The applicant shall attend the concerned police station as and when required.

7.

The applicant shall not tamper with the evidence or attempt to influence or contact the witnesses or any person concerned with the case.

8.

The Application is disposed of in above terms. 9.

All concerned to act on authenticated copy of this order. [SHIVKUMAR DIGE, J.] 3/3