Amol Suresh Yadav v. State Of Maharashtra

2025:BHC-AS:9243 Sairaj

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 526 OF 2025 Amol Suresh Yadav ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Veerdhawal Kakade, for Applicant.

Ms. Gauri S. Rao, APP, for Respondent-State.

Mr. Prakash Nemane, PSI, Panchvati P. S. Nashik.

CORAM

Sandesh D. Patil, J.

DATED:

PC:- 1.

The present Anticipatory Bail Application is filed by Applicant in apprehension of his arrest in connection with C.R. No. 31 of 2025 registered with Panchvati police station for offences punishable under Section 108, 3(5) of Bharatiya Nyaya Sanhita, 2023.

2.

The Complainant is widow of the deceased. She has alleged that prior to some days before her husband has committed suicide, he had disclosed her that present Applicant had defrauded him of huge amount of money. Her husband had lodged First Information

Report against the present Applicant bearing C.R. No. 384 of 2021 at Bijapur Naka Police station, Solapur on 4.8.2021 under Sections 420, 467, 354, 504, 506 of Indian Penal Code, 1860. Later on, the trial proceeded and present Applicant was acquitted. She further informs that there was transfer of development rights in respect of certain land by present Applicant in favor of first Informant's husband. It is alleged by Complainant that because Applicant did not pay money to her husband, therefore, he committed suicide. 3.

The Applicant has filed the present Anticipatory Bail Application. On 26th February, 2025, this Court (Coram : Rajesh S. Patil, J) had granted interim protection to Applicant and he was directed to attend the police station. The Advocate for Applicant states that Applicant had accordingly, attended the police station and has co-operated with the investigation. The learned APP, on instructions from Officer who is present in Court does not dispute the aforesaid position. She states the Applicant has co-operated with the Investigating Agency. She states that officer will be sending the alleged suicide note to the handwriting expert for examination. On

instructions from officer, who is present in Court, she fairly submits that custodial interrogation is not required. 4.

I have considered the submissions of both the sides. I have also perused the documents on record.

5.

There appears to be a long standing civil dispute between the parties. There are few orders passed by competent Civil Court as well as the Criminal Courts. There appears to be a dispute relating to monetary transaction between the parties.

6.

In my opinion, custodial interrogation of Applicant is not required. The aspect as to whether there was close proximity between the positive act of instigation by Accused person and commission of suicide will be deciphered at the time of trial. For that purpose, custodial interrogation is not required. The Applicant has cooperated with the Investigating Agency. 7.

For the reasons mentioned above, I am inclined to allow the Anticipatory Bail Application filed by Applicant on the following terms:

i) In the event of his arrest in connection with C.R. No. 31 of 2025 registered with Panchvati police station for offences punishable under Section 108, 3(5) of Bharatiya Nyaya Sanhita, 2023, the Applicant be enlarged on bail, on executing PR Bond in the sum of Rs.50,000/- with one or two local sureties in the like amount;

ii) The Applicant shall attend the Panchwati Police Station on first Monday of every month between 10:00 a.m. to 2:00 p.m. till the conclusion of the trial;

iii) The Applicant shall not tamper or attempt to influence or contact the complainant, witnesses or any person concerned with the case;

iv) The Applicant shall inform his latest place of residence and mobile contact number immediately after being released and / or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the concerned Police Station;

v) The Applicant to co-operate with the conduct of the trial;

vi) Any infraction of the aforesaid conditions shall entail cancellation of bail.

(Sandesh D. Patil, J)