Reshma Ambadas Sonavane And ANR v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1177 OF 2025 Reshma Ambadas Sonavane & Anr.
...Applicants
Versus
The State of Maharashtra & Anr.
...Respondents
_______________________________________________________ Mr. Ramakant Pranjape, for the Applicant.
None for Respondent No.2.
Ms. Gauri S. Rao, APP for Respondent-State.
Mr. M.R. Shaikh, HC/2390, present in Court.
_______________________________________________________ CORAM : ASHWIN D. BHOBE, J.
DATE : 28th MAY, 2025 P.C. :- 1.
Heard Mr. Ramakant Pranjape, learned Advocate for the Applicant, Ms. Ms. Gauri S. Rao, learned APP for RespondentState. None present for Respondent No.2. 2.
On 26.05.2025, hearing of the present Application was deferred as none appeared on behalf of Respondent No.2. Applicant was granted liberty to issue private notice to the
learned Advocate representing the Respondent No.2 indicating the present Application being fixed today before this Court. Matter was accordingly deferred and directed to be listed today, i.e., on 28.05.2025.
3.
Mr. Ramakant Pranjape, learned Advocate for the Applicant tenders an affidavit of service dated 27.05.2025 stating that the Respondent No.2 has been notified of the matter being listed today for hearing. The affidavit of service along with document at Exhibit A are taken on record and marked as "X Colly" (3 pages) for identification. Matter was called out in the morning session. The same was kept postlunch so as to give opportunity to the Respondent No.2 to appear. Matter was called out at 3.00 p.m. Again, none appears for Respondent No.2.
4.
By the present Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS"), the Applicant seeks bail in anticipation in the crime registered under C.R. No. I- 0136/2025 for the offences punishable under Sections 74, 305, 352, 351(2), 3(5) of Bharatiya Nyaya
Sanhita, 2023 (for short "BNS").
5.
Case of the prosecution is that on 12.02.2025 at about 13.00 hours to 21.50 hours there was a dispute between the family members. Role assigned to the Applicant herein is of being present at the time of the alleged incident. 6.
Learned APP on instruction of the Investigation Officer, who is present in Court, fairly submits that in the facts and circumstances of the present case, custodial interrogation of the Applicant is not required. However, she submits that stringent conditions be imposed on the Applicant so as to further the cause of investigation.
7.
In view of the statement made by the learned APP and considering the involvement of the Applicant in the crime being limited as stated by the Applicant, the Application is allowed. Accordingly, the following order is passed:
ORDER
(a) In the event of arrest of the Applicant in the Crime No. I0136/2025 registered with the Kalyan Taluka Police Station, Thane Gramin, District Thane Applicant shall be released on
bail on furnishing the P.R. Bond of Rs. 25,000/- with one or two sureties of the like amount, to be furnished to the satisfaction of the Investigation Officer, Kalyan Taluka Police Station, Thane Gramin, District Thane.
(b) Applicant shall attend Kalyan Taluka Police Station, Thane Gramin, District Thane and report to the Investigation Officer on 29.05.2025 from 11.00 a.m. to 2.00 p.m. and shall report every 15 days thereafter as and when required by the Investigation Officer, Kalyan Taluka Police Station, Thane Gramin, District Thane.
(c) Applicant shall not tamper with the evidence or interfere, threaten any witnesses.
(d) Applicant shall furnish his residential address and mobile number to the Investigation Officer, Kalyan Taluka Police Station, Thane Gramin, District Thane.
(e) The Anticipatory Bail Application is disposed off in the above said terms.
[ ASHWIN D. BHOBE, J. ]