Laxman Sahebrao Jagtap And Another v. The State Of Maharashtra And Another

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1118 OF 2025 WITH CRIMINAL APPLICATION NO. 2526 OF 2025 IN ABA/1118/2025 1.

Laxman Sahebrao Jagtap 2.

Vishnu s/o Masu Kurhade ....Applicants

VERSUS

The State of Maharashtra & another .....Respondents Mr. S. E. Shekade, Advocate for Applicants.

Mr. A. M. Phule, APP for the State.

CORAM : ADVAIT M. SETHNA, J.

DATE : 15 JULY, 2025.

P. C. :

1.

The Applicants have filed this Application as they apprehend arrest.

2.

Issue Notice to the Respondents returnable on 5 August 2025. The learned APP waives service of notice on behalf of both the Respondents.

3.

The proceedings relate to C.R. No. 0220/2025. The First Information Report (for short 'FIR') is dated 7 June 2025 at 14.45 hours. The alleged offences are under Sections 318(2), 318(3),

- 2 - 318(4), 351(2), 352 r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS'). The occurrence of the alleged offence is from 16 March 2025 to 11 May 2025.

4.

With the assistance of the learned Advocates for the parties, perused the FIR and the record available with the Court. It appears from the FIR that these Applicants have acted as marriage brokers. Through them contact of Accused No. 3 Jyoti Patil, who also purportedly acted as marriage broker, was given to the Informant. As the marriage of the son of the Informant was fixed/arranged through them, certain amounts were paid by the Informant. The Informant's son married on two occasions to one Nikita and Ashwini but both did not work out. His second marriage with one Ashwini was performed in the house of the said co-accused Jyoti Patil. The Informant went to the Applicant to demand back the money given to them as the marriages failed. This led to a scuffle between them when the Informant is allegedly assaulted with kicks and fists by these Applicants. The record reveals that several amounts have been paid into the account of said Jyoti Patil i.e. Accused No. 3 by the Applicant No. 1. It is stated that there are no payments made by Applicant No.

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2. It would prima facie show that there is a connection between the Applicant No. 1 and said Jyoti Patil who is said to be absconding. 5.

In such view of the matter, the alleged offences against Applicant No. 1 at this stage cannot be ruled out. In the given facts and circumstances, in light of the submissions canvassed, as the Applicant No. 2 has not paid any amount to the said co-accused Jyoti Patil and neither seems to be the beneficiary of the said amounts, there appears to be no monetary/financial transactions qua Applicant No. 2, he would deserve some protection. In view of the above, the following order is passed :-

O R D E R

(i) Until adjourned date of hearing, in the event of arrest of the Applicant No. 2 Vishnu s/o Masu Kurhade, in connection with C.R. No. 0220/2025, registered with Ambhora Police Station, District Beed, for the offences punishable under Sections 318(2), 318(3), 318(4), 351(2), 352 r/w 3(5) of the BNS, he is directed to be released on bail on furnishing PR bond in the sum of Rs. 20,000/- (Rupees Twenty Thousand Only) with one or more sureties in the like amount.

(ii) He shall attend the concerned Police Station on every Monday at 11.30 am, until the further orders and shall cooperate with the investigation.

(iii) He shall furnish details of residential address and other contact details such as the mobile number etc. to

- 4 - the concerned police station. If there is any change in the contact details, the same shall be immediately informed to the concerned police station.

(iv) He shall not leave the jurisdiction of the competent Court without prior permission, until further orders. (v) He shall not contact and/or influence the witness/es and/or tamper with the evidence in any manner whatsoever.

6.

List the Application for further consideration/hearing on 5 August 2025.

7.

The protection granted to in favour of Applicant No. 2 to continue until the adjourned date of hearing. ( ADVAIT M. SETHNA, J.) dyb