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Bombay High CourtBA/891/2025allowed

Ajay Rajiv Parmar v. State Of Maharashtra

2025-02-28Hon'Ble Shri Justice Amit Borkar2 pages

15. BA-891-2025.docx Amberkar IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 891 OF 2025 Ajay Rajiv Parmar .. Applicant

Versus

State of Maharashtra .. Respondent ....................

 Mr. D.S. Manerkar for Applicant  Ms. Rajeshree V. Newton, APP for State ...................

CORAM : MILIND N. JADHAV, J.

DATE : FEBRUARY 28, 2025 P. C.

:

1.

Heard Mr. Manerkar, learned Advocate for Applicant and Ms. Newton, learned APP for State.

2.

Applicant stands indicted for the offences punishable under Sections 307, 498-A & 506 of IPC. The case of the prosecution is that Applicant is involved in the crime. However prima facie reading of the FIR appended to the Application and the statement of the victim dated 07.11.2023 appended at page No. 37 shows that after the occurrence of the incident, she was taken to Cooper Hospital for treatment where she received treatment for her burn injuries of about 42% to 45% and she recorded her statement. In that statement, the victim categorically states that at about 8.15 p.m., the incident occurred due to the accident.

15. BA-891-2025.docx 3.

Mr. Manerkar has read the statement in Court which is at page No. 37 of the Application. He would submit that two days later at the intervention of parents of the victim, the statement of the victim was once again taken where she turned hostile and reversed her previous statement in its entirety. He would submit that the victim has recorded two statements one on 07.11.2023 appended at page No. 37 of the Application and another on 10.11.2023 appended at page No. 39 of the Application which is prima facie contrary to her own statement recorded on 07.11.2023. He would submit that Applicant is the husband of the victim. He would submit that Applicant attempted to douse the fire and thereafter took the victim to the hospital for treatment. He would submit that Applicant has two children. Applicant has to provide care and support to them. Applicant has been in incarceration from 13.11.2023 and as of today he has undergone a period of detention for 1 year, 3 months and 15 days. 4.

Prosecution shall consider the above facts, take appropriate instructions and apprise the Court on the next adjourned date. 5.

Stand over to 13th March, 2025. To be listed on Supplementary Board.

Amberkar [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:

2025.02.28 14:14:21 +0530 RAVINDRA MOHAN AMBERKAR