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Bombay High CourtABA/2391/2025allowed

Sachin Vilas Salavade v. The State Of Maharashtra

2025-11-06Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2391 OF 2025 Sachin Vilas Salavade ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Mr. Jaydeep D. Mane, Advocate for Applicant.

Ms. Veera Shinde, APP for the Respondent-State. .....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

6th NOVEMBER, 2025 P.C.

1.

Applicant is apprehending arrest in Crime No.530 of 2025 registered with Mohol Police Station, Dist. Solapur Rural for the offences punishable under Sections 352, 3(5), 115(2) and 109 of the Bhartiya Nyaya Sanhita (for Short "BNS").

2.

It is prosecution's case that on 21st April 2025 at around 11:30 p.m. on the ground of family dispute, the applicant who is husband of the deceased, and in laws of the deceased poured petrol on the first informant (the deceased) and set her on fire. 3.

It is contention of learned counsel for applicant that the main allegations are against the accused No.2. In FIR, there are no specific allegations against the applicant in respect of setting the first Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.11.07 18:31:54 +0530 SAJAKALI LIYAKAT JAMADAR

informant on fire. The applicant had tried to extinguish the fire of the first informant. There are no allegations against the applicant about setting the first informant on fire. Hence, requested to allow the application.

4.

It is contention of learned APP that the applicant had throttled the first informant and thereafter accused No.1 poured petrol on her and set her on fire. Considering the allegations against the applicant, his custodial interrogation is required and requested to reject the application.

5.

I have heard both the learned counsels, perused the FIR and documents placed on record. In the FIR, it is mentioned that the applicant had throttled the first informant and someone poured petrol on her from the gap of the door and thereafter, accused No.2 set the first informant on fire. The main allegations are against the coaccused but there are no allegations against the applicant about setting the first informant on fire. Considering these facts, custodial interrogation of the applicant is not required. Hence, I pass following order:

ORDER

(i) Application is allowed;

(ii) In the event of arrest, the applicant be enlarged on bail in Crime No.530 of 2025 registered with Mohol Police Station, Dist. Solapur, on executing 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.

6.

The application is allowed in the aforesaid terms and is accordingly disposed off.

7.

It is made clear that the above observations are made only for the purpose of granting anticipatory bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order. 8.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)