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Bombay High CourtBA/902/2025application allowed

Balaji Kerba Chopwad v. The State Of Maharashtra

2025-06-30Hon'Ble Shri Justice Arun R. Pedneker3 pages

2025:BHC-AUG:16511

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 52 BAIL APPLICATION NO. 902 OF 2025 Balaji Kerba Chopwad

VERSUS

The State Of Maharashtra ...

Advocate for Applicant : Mr. Y. B. Bolkar h/f Mr. Irale Eknath G. APP for Respondents-State: Mr. D. J. Patil ...

CORAM : ARUN R. PEDNEKER, J.

Dated : June 30, 2025.

PER COURT :- 1.

Heard the learned Counsel for the applicant and the learned APP for the respondent-State.

2.

The applicant seeks bail in connection with FIR No. 20/2025 dated 04/02/2025, registered with Usman Nagar Police Station, Taluka Kandhar, District Nanded, for the offences punishable under Sections 80 and 85 of the Bharatiya Nyaya Sanhita, 2023.

3.

The learned Counsel for the applicant submits that the deceased was married to the applicant's son on 22/05/2022. It is alleged that the deceased consumed poison on 01/02/2025, leading to the registration of the FIR on 04/02/2025. The applicant was arrested on 30/03/2025. 4.

It is stated in the FIR that after six months of the marriage, there was a demand for dowry in the form of Rs. 1,50,000/- for the purchase of a tempo. However, the learned Counsel submits that the said demand was not made by the applicant or any of his immediate family members. The allegations in the FIR are general and omnibus in nature, without specific attribution to the applicant.

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52 BA 902-2025 5.

The learned Counsel further submits that the husband and father-inlaw of the deceased are in custody, and all other co-accused have been granted regular bail in BA No.475/2025. It is also pointed out that the deceased did not make any complaints regarding harassment or dowry demands prior to her death.

6.

The applicant is 75 years old and is stated to be in custody since 30/03/2025. The mother-in-law of the deceased has been granted interim protection in ABA No.785/2025 and the brother-in-law has been granted bail.

7.

Upon perusal of the FIR and accompanying statements, this Court is of the prima facie opinion that the allegations are general and omnibus in nature. In light of this and considering the applicant's age and duration of custody, bail is being granted.

8.

In view of the above, the application is allowed in the following terms: - a] The applicant shall be released on bail in connection with FIR No. 20/2025 dated 04/02/2025, registered with Usman Nagar Police Station, Taluka Kandhar, District Nanded, for offences punishable under Sections 80 and 85 of the Bharatiya Nyaya Sanhita, 2023, on executing a PR bond of Rs. 25,000/- with one or two sureties in the like amount to the satisfaction of the trial Court. 2 of

52 BA 902-2025 b] Upon release, the applicant shall not contact the informant in any manner whatsoever during the pendency of the trial. c] The applicant shall co-operate with the trial Court and shall attend all dates of hearing unless exempted by the Court. d] The applicant shall not tamper with prosecution evidence nor influence the informant, witnesses, or any other persons connected with the case.

e] Upon being released, the applicant shall provide his contact number and residential address to the trial Court and shall update the same in the event of any change.

9.

It is made clear that any violation of the above conditions shall render the applicant liable for cancellation of bail. 10.

It is also clarified that the observations made in this order are limited to the adjudication of the present bail application. The trial Court shall proceed with the matter uninfluenced by any of the observations made herein.

11.

The bail application stands disposed of.

( ARUN R. PEDNEKER, J. ) vj gawade/-.

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