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Bombay High CourtABA/2186/2025disposed off

Mohini Harishchandra Aargade And Another v. The State Of Maharashtra

2026-01-06Hon'Ble Shri Justice Mehroz K. Pathan4 pages

2026:BHC-AUG:395

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 ANTICIPATORY BAIL APPLICATION NO.2186 OF 2025 1] MOHINI W/O. HARISCHANDRA AARGADE 2] HARISCHANDRA S/O. BALIRAM AARGADE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr.P.C.Bhagure APP for Respondent-State : Mr.A.A.A.Khan ...

CORAM : MEHROZ K. PATHAN, J.

DATE : 06.01.2026 P.C. :

1] Heard the learned counsel for the applicants and the learned APP for the respondent-State. 2] The applicants have approached this Court apprehending arrest in connection with FIR No.0647/2025, dated 24.11.2025/, registered with Ambad Police Station, Tq. Ambad, District Jalna, for the offence punishable under Section 123, 115 (2), 352, 351 (2), 3 (5) of B.N.S., 2023. 3] This Court, vide order dated 10.12.2025, had protected the present applicants, namely, Mohini Harischandra Aargade and Harischandra Baliram Aargade as there was no major allegations against the present applicants in the FIR.

4] The learned counsel for the applicants submits that the applicants have co-operated with the investigation and have complied with the conditions imposed by this Court vide order dated 10.12.2025.

5] The learned APP also admits that the applicants have complied with the conditions imposed by this Court, however, the applicants have failed to co-operate with the investigation agency. The applicants are involved in the serious offence, hence, the learned APP prays for rejection of the present application.

6] I have gone through the investigation papers. Perusal of the FIR as well as the statements recorded during the course of investigation show that the applicants and the complainant are the real brothers and the statement also shows that there were some dispute about marriage of the daughter of real brother of the complainant wherein the complaint was lodged alleged to have played the role of canceling marriage. The complaint is reported to be filed, however, no cognizance was taken. Thus, over-implication, exaggeration and false implication of the applicants, namely, Mohini and Harischandra, cannot be ruled out. As the applicants have attended the concerned police station and have co-operated with the investigation vide interim order dated 10.12.2025, I do not see any impediment in

confirming the interim order dated 10.12.2025. Hence the following order :

ORDER

1] The application is allowed. The order dated 10.12.2025 is hereby confirmed, on the following conditions :

I] The applicants are directed to remain present before the Investigating Officer as and when called by the Investigating Officer.

II] The Applicants shall also attend the date of trial.

III] The applicants shall furnish copies of their Aadhaar Card and PAN Card to the Investigating Officer along with the addresses and mobile numbers of two nearest relatives.

2] Needless to say, violation of any of the aforesaid conditions shall entitle the prosecution to seek cancellation of the anticipatory bail.

3] The observations made herein are prima facie in nature and shall not influence the Trial Court or any other Court while deciding the case on its own merits.

4] The Anticipatory Bail Application is disposed of accordingly.

[MEHROZ K. PATHAN] JUDGE DDC