Lala Banemiya Deshmukh v. The State Of Maharashtra Thr Pso Ps Ural, Akola And ANR.
2025:BHC-NAG:5507 1 921.ABA.358-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO. 358 OF 2025 ( Lala Banemiya Deshmukh Vs.
The State of Maharashtra, Thr. P.S.O. Police Station Ural, Akola & Anr. ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Abdul Subhan, Advocate for the Applicant. Ms. Trupti Udeshi, APP for the Non-applicant No.1/State. CORAM: URMILA JOSHI-PHALKE, J.
DATED : 12th JUNE, 2025 1.
Heard.
2.
Apprehending the arrest at the hands of Police in connection with Crime No.145/2025 registered with Police Station Ural, District Akola for the offences punishable under Sections 376 and 506 of the Indian Penal Code, the Applicant approached to this Court for grant of pre arrest bail. 3.
The crime is registered on the basis of the report lodged by the victim aged about 27 years, on an allegation that her marriage was performed with the son of the present Applicant and subsequently due to the matrimonial dispute the marriage is dissolved. She further alleged that, with an ill intentions the Applicant who is her father-in-law has
2 921.ABA.358-2025.odt ill-treated her and also subjected her for the forceful sexual assault.
4.
Learned Counsel for the Applicant, submitted that to give a counter blast to the complaint lodged by the present Applicant this false report is lodged. He submitted that, as far as the custodial interrogation is concerned, which is not required, general allegations are levelled against the present Applicant. In view of that, he be protected by granting anticipatory bail.
5.
Learned APP for the Non-applicant No.1/State, strongly opposed the same and submitted that, considering the gravity of the offence, the application deserves to be rejected.
6.
On hearing both the sides and on perusal of the recitals of the FIR and the investigation papers, the allegations appear to be levelled due to the matrimonial dispute between the Informant and the other family members. The Applicant is already protected by granting the interim protection and he has cooperated with the Investigating Agency, his further custodial interrogation is not required. In view of that, the interim protection granted to the present Applicant deserves to be confirmed. Accordingly, I proceed to pass the following order:
O R D E R
i.
The Application is allowed.
3 921.ABA.358-2025.odt ii.
The interim protection granted to the present Applicant by order dated 23.05.2025, is hereby confirmed, subject to the condition that the Applicant shall attend the concerned Police Station once in a week i.e. on every Monday between 10.00 a.m. and 01.00 p.m. till filling of the charge- sheet.
ii.
The Applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case either personally or by way of electronic media.
iii.
The Applicant attend the proceedings before the learned Trial Court without seeking any exemption unless there are exceptional circumstances.
7.
Pending application/s, if any, shall stand disposed of accordingly.
(URMILA JOSHI-PHALKE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 16/06/2025 17:43:46