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Bombay High CourtABA/1618/2025disposed off

Pritam Mohan Rathod v. The State Of Maharashtra And Another

2026-01-13Hon'Ble Shri Justice Mehroz K. Pathan3 pages

2026:BHC-AUG:1310 {1}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1618 OF 2025 Pritam Mohan Rathod ....Applicant

VERSUS

The State Of Maharashtra And Another .....Respondent .....

Advocate for Applicant : Mr. Ameya N. Sabnis a/w. Mr. Pranav Dhakne APP for Respondents: Mr. R.K. Ingole.

CORAM : MEHROZ K. PATHAN, J.

DATE : 13th JANUARY, 2026.

P.C. :- 1.

Heard. The applicant is seeking his release on anticipatory bail in connection with crime No. 344 of 2025, registered with Cantonment Chavani Police Station, Dist. Chhatrapati Sambhajinagar for the offences punishable under Sections 119-1, 115-2, 296, 351-2, 351-3, 352 r/w 3-5 of the Bhartiya Nyaya Sanhita.

2.

This Court, vide order dated 12.9.2025 had protected the applicant by passing an interim order. The learned counsel for the applicant submits that the applicant has complied with the conditions imposed upon by this Court vide order dated 12.9.2025 and there is no report of applicant violating any condition or threatening the complainant. Thus, the interim order dated 12.9.2025 may be confirmed. 3.

It is further submitted by the learned counsel for applicant that the present crime is registered at the behest of the applicant's wife against him. There were several matrimonial disputes going on. The

{2} complainant has also lodged one FIR under Section 498-A of IPC and also filed proceeding under the Domestic Violence Act, against the present applicant. Hence, the applicant is falsely implicated in the present crime 4.

The learned counsel for the applicant further submits that for the same incident, the applicant has also lodged an FIR bearing No. 343 of 2025 at Cantonment Police Station, against the father in law. The father in law of applicant is also protected by this Court vide order dated 5.1.2026. This court may, therefore, consider the same and protect the present applicant. The applicant is not having any criminal antecedents and is ready to abide by any conditions that may be imposed by this Court.

5.

The learned APP strongly opposes the application on the ground that there are serious allegations against the applicant of abusing and assaulting the complainant, who is wife of the present applicant. There are also allegations of snatching of gold chain from the complainant. The offence is serious in nature. The applicant being husband of the complainant and there is every likelihood that the applicant may again threaten the complainant thereby causing prejudice to the prosecution case.

6.

I have gone through the allegations in the FIR as well as the interim order passed by this Court dated 12.9.2025. The investigation papers show that the investigation as against the applicant is almost complete. The order dated 5.1.2026 passed in the case of father in law of the applicant in A.B.A. No. 1546 of 2025 shows that earlier FIR No. 343 of 2025 was filed at the behest of the present applicant against his father in law on 22.8.2025. The father in law was protected by this Court vide order dated 5.1.2025 in the counter case.

{3} 7..

Thus, taking into consideration the above facts and circumstances, false implication of the applicant cannot be ruled out. However, the observations made herein are made only for the purpose of deciding the present application, which may not influence the trial court. The apprehension of the learned APP can be taken care of by imposing certain conditions. Hence, the following order :-

O R D E R

[I] The application is allowed;

[ii] The interim order dated 12.9.2025 is hereby confirmed on the same conditions.

[i] The applicant shall attend the concerned police station and report to the Investigating Officer on every Saturday between 11.00 a.m. to 1.00 p.m. till filing of charge and shall cooperate with the investigation.

[ii] The applicant shall not tamper with the prosecution evidence and shall not threaten the complainant and her relatives.

[iii] A single violation of the condition shall entitle the prosecution to seek cancellation of bail.

[iv] The applicant shall submit his Aadhar and Pan card to the Investigating Officer alongwith mobile numbers and addresses of two of his near relatives.

[v] The application stands disposed of.

[MEHROZ K. PATHAN] JUDGE.

grt/-