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Bombay High CourtABA/205/2025allowed

Sunanda Dilip Ghadage v. The State Of Maharashtra

2025-02-04Hon'Ble Shri Justice Rajesh S. Patil3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 205 OF 2025 Sunanda Dilip Ghadage ...Applicant

Versus

The State Of Maharashtra

...Respondent

____________________________________ Adv. Purushottam Chavan i/b.Adv. Sachin S. Padaye a/w. Adv. Esha Wage, Advocate for the Applicant.

Ms. Supriya Kak, APP for the State.

Samadhan Deshmukh, Velapur Police Station.

____________________________________

CORAM

: RAJESH S. PATIL, J.

DATED : 4 FEBRUARY 2025 P.C.:

1.

The present Application is filed by the Applicant under Section 482 of the Bharatiya Nyaya Sanhita, 2023 for anticipatory bail in respect of C.R. No.0300 of 2024, dated 4 December 2024, registered with Velapur Police Station (Solapur Gramin), District Solapur under Sections 85, 108, 115 (2) 352, 3 (5) of the Bharatiya Nyaya Sanhita, 2023. 2.

It is the case of the prosecution that the sister of the first informant committed suicide. The allegations are against the husband of the deceased and the mother in law of the deceased.

3.

It is the case of the Applicant that she is 65 years of age and was staying separately with her brother in law. The deceased was staying with her husband, who is the son of the present Applicant. The husband of the deceased, is already in judicial custody. No purpose will be achieved by arresting the present Applicant. Therefore, the Anticipatory Bail Application should be granted.

4.

The charge-sheet has already been filed against the husband of the deceased. Accused No.1, husband of the deceased in judicial custody. Admittedly, the present Applicant, who is Accused No.2, is 65 years of age. The deceased was married with the son of the Applicant, and it is the case of the Applicant that she was staying separately and the deceased and her son were staying together. The fact remains that the deceased committed suicide after 18 years of marriage. In such a case, according to me, no purpose will be served by putting the Applicant, who is 65 years old, in custody and thereafter releasing her on bail. Nothing remains to be recovered from the present Applicant. 5.

According to me, prima facie case is made out by the Applicant to grant anticipatory Bail on the following condition:-

ORDER

(a) The anticipatory bail application is allowed. (b) In the meanwhile, In the event of arrest in connection with C.R. No. 0300 of 2024, dated 4 December 2024, registered with Velapur Police Station, Applicant shall be released on bail on furnishing P.R. bond to the extent of Rs. 30,000/- with one or more sureties of the like amount.

(c) The Applicant shall co-operate with the investigation and attend the investigating officer of the concerned police station, as and when called.

(d) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and should not tamper with evidence. (e) The Applicant shall furnish his contact number and residential address to the investigating officer and shall keep him updated, in case there is any change.

6.

In view of the above, the present Anticipatory Bail Application is disposed off.

(RAJESH S. PATIL, J.)