Vachalabai Marotrao Puyad v. The State Of Maharashtra And Another
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1408 OF 2025 Vachalabai Marotrao Puyad
Versus
The State of Maharashtra & Anr.
------------------------- Mr. Vaibhav Dhage for the Applicant.
Mr. S. B. Narwade, APP for the State.
------------------------- CORAM :
ADVAIT M. SETHNA, J.
DATE :
7 AUGUST 2025 P. C.:
1.
Heard learned counsel for the parties.
2.
The matter is listed for the first time today. 3.
Issue notice to the Respondents. Mr. Narwade, learned APP waives service for the State.
4.
These proceedings arise out of CR No.0414 of 2025. The FIR is lodged on 17 July 2025 at 17:51 hours by the Bhagya Nagar Police Station, Nanded. The date of occurrence of the alleged incident as stated in the FIR is 17 July 2025. The FIR has been registered under Sections 194(2), 189(2), 190, 191(2), 115(2), 118(1) and 352 of the Bharatiya Nyaya Sanhita, 2023 ("BNS"). The informant is one Hanmant Ramrao Shinde, 30 years, who happens to be Police Inspector of the said district. There are 16 accused persons including some unknown persons as named in the FIR, out of whom, Accused No.13 is the Applicant before the Court.
5.
With the assistance of learned counsel for the parties, I have gone through the FIR and record available with the Court. It appears that on 17 July 2025 at about 6:45 a.m., several persons as named in the FIR had formed an unlawful assembly with a threat to disturb the law and order situation in the said village. They were armed with sticks and other weapons on the count of taking possession of land Gat No.196/2 ad-measuring 20R. They assaulted each other and caused grievous injuries by dangerous weapons and also committed affray etc. and when RCF force gathered on the spot of incident, they fled away.
6.
Mr. Dhage, learned Advocate for the Applicant would at the outset submit that the names of the persons, who were part of the said unlawful assembly were gathered from the villagers including the present Applicant i.e. Vachalabai Marotrao Puyad. Apart from, she being a member of the said unlawful assembly, admittedly, there is no specific role attributed to the Applicant. It is material to note as also submitted by Mr. Dhage that most of the offences alleged in the FIR are bailable, more particularly, that of being a part of unlawful assembly. There is nothing in the FIR to indicate that this Applicant was armed with any specific weapon dangerous and/or otherwise. The Applicant has no criminal Antecedents. 7.
In such factual matrix, prima facie, the Applicant deserves some protection at this stage by passing the following order:-
ORDER
(i) Until the adjourned date of hearing, in the event of arrest of the Applicant in connection with CR No. 0414 of 2025 registered with Bhagya Nagar Police Station, Nanded for the offences punishable under Sections 194(2), 189(2), 190, 191(2), 115(2), 118(1) and 352 of the BNS, the Applicant is directed to be released on bail on her furnishing PR bond in the sum of Rs.20,000 (Rupees Twenty Thousand Only) with one or more sureties in the like amount.
(ii) The Applicant shall cooperate with the investigation and shall attend the concerned police station on every Monday at 11:30 a.m., until further orders.
(iii) The Applicant shall furnish details of residential address and other contact details such as mobile number etc. to the concerned police station. If there is any change in the contact details, the same shall be immediately intimated to the concerned police station.
(iv) The Applicant shall not leave the jurisdiction of the Court without prior permission/order of the Court, until further orders.
(v) The Applicant shall not influence the witness/es and/or tamper evidence in any manner whatsoever.
8.
List the proceedings for further consideration on 29 August 2025.
9.
The protection granted to the Applicant shall continue until the adjourned date of hearing.
[ADVAIT M. SETHNA, J.]