Shalini @ Shalan Dattatraya Pawar v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 163 OF 2025 Shalini @ Shalan Dattatraya Pawar ..... Applicant

VERSUS

The State of Maharashtra ..... Respondent ---------- Mr. Jaydeep D. Mane (Through V.C.), Advocate for the Applicant. Ms. Rutuja A. Ambekar, APP for the Respondent-State. ---------- CORAM : RAJESH S. PATIL, J.

DATE : 28th JANUARY, 2025.

P.C. :

1.

By this application, the applicant is seeking anticipatory bail in connection with C.R. No. 0664 of 2024 dated 30th September, 2024 registered with Mohol Police Station, Solapur Rural, for the offence punishable under Sections 80, 108 and 3(5) of the Bhartiya Nyaya Sanhita, 2023 ("B.N.S."). 2.

The father of deceased lady has filed an First Information Report ("FIR") in the Police Station, alleging that his deceased daughter had committed suicide due to the alleged incident. Three persons have been made accused in the FIR. They are the

husband, father-in-law and mother-in-law of the deceased lady. 3.

Learned APP for the State submits that the father-in-law of the deceased lady has already been arrested and the husband's bail application is pending before this Court. 4.

The present application is preferred by the mother-in-law of deceased lady, who according to the learned APP is absconding. She had applied for the anticipatory bail before the learned Sessions Court at Solapur, however by an order dated 4th January, 2025, the learned Additional Sessions Judge, Solapur has rejected the said application.

5.

In the FIR, it is the case Complainant that his daughter was married to one Mr. Pratap Dattatraya Pawar (original Accused No. 1). Both of them were wrestlers and were residing at Solapur. However, after few days of marriage, the husband used to go to Pune on the pretext of practicing in the sports of wrestling. However, after few days, the daughter of Complainant realized that her husband is having an extra-marital affair with a lady in Pune. She informed this fact to her parents and also asked her husband about the extra-marital affair, due to which there were fights between the husband & wife and even between the

deceased and her in-laws. The husband according to the Complainant used to utter filthy language and used to assault the deceased lady.

6.

It is further their case that the husband and his parents even started demanding gold from the daughter of Complainant on the ground that in the marriage ceremony, the gold which was given, was of less quantity. On receiving such information from the daughter, on 28th April, 2024, the Complainant gave a gold chain of one tola to the husband of his daughter, however even then the daughter of Complainant was harassed. 7.

On 29th September, 2024 at 3.00 p.m., the daughter of Complainant called up on the cell phone of the wife of Complainant (who is the mother of deceased lady) and informed them that she is continued to be harassed at her maternal home, expressing her total despair to live further. The wife of Complainant directed her to maintain calm and things will be changed in future. On the same day at about 6.00 p.m., they received a call that the Complainant's daughter had committed suicide. Hence, the Complainant lodged FIR against the accused persons.

8.

It is the case of prosecution that the Applicant is not cooperating and hence the case cannot be moved ahead. It is also submitted that the neighbours at the matrimonial home of the deceased daughter, have specifically given statement on 16th October, 2024 that the daughter of Complainant was harassed by her in-laws.

9.

Taking into consideration the fact that there are specific allegations made against the Applicant and the Applicant is not co-operating with the Police, according to me, there is no case made out in the present anticipatory bail application to grant protection. Hence, the Anticipatory Bail Application stands rejected and disposed of accordingly.

(RAJESH S. PATIL, J.) by GITALAXMI KRISHNA KOTAWADEKAR Date:

2025.01.30 14:47:11 +0530 GITALAXMI KRISHNA KOTAWADEKAR