Rahul Manjulnath Margar v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2763 OF 2025 Rahul Manjulnath Margar ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Aniket Nikam a/w. Mr. Amit Icham i/b. Mr. Sumit Patil, for the Applicant.

Mr. S. M. Mangaonkar, APP, for the Respondent-State. Mr. Pravin Kamble, PSI, attached to Urli Kanchan Police Station, Pune, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

7th OCTOBER 2025 PC:- 1.

Heard Mr. Nikam, learned Counsel appearing for the Applicant and Mr. Mangaonkar, learned APP appearing for the Respondent-State.

2.

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail in connection with C.R. No.207 of 2025 registered with Urali Kanchan Police Station, Pune, for the offence punishable under Sections 108 of the Bharatiya Nyaya Sanhita, 2023.

3.

As per the prosecution case, the Applicant was having relationship outside marriage with the wife-Tejaswi of the deceased who died by suicide on 1st June 2025.

4.

It is the main submission of Mr. Nikam, learned Counsel appearing for the Applicant that the main accused is accused No.1 i.e. wife of the deceased. He states that in fact, in the FIR the Applicant is not named as accused. However, during the investigation as the role of the Applicant is found by the Investigating Officer, he has been named as accused. Therefore, the Anticipatory Bail Application is filed. He states that the main accused-Tejaswi, who is the wife of the deceased has been granted regular bail by order dated 28th July 2025 passed by the learned Additional Sessions Judge, Pune in Criminal Bail Application No.4967 of 2025. He submits that although the incident took place on 1st June 2025, the FIR was lodged on 15th July 2025 i.e. after a delay of 45 days. He therefore, submits that the Applicant be granted pre-arrest bail.

5.

On the other hand, Mr. Mangaonkar, learned APP appearing for the Respondent-State strongly opposes the Anticipatory Bail

Application. He submits that there are WhatsAPP Chats between the accused No.1-wife of the deceased and the Applicant. He submits that therefore, the custodial interrogation of the Application is necessary. He states that it is necessary to seize the mobile handset of the Applicant and the same has to be sent for forensic examination.

6.

Mr. Nikam, learned Counsel states that the Applicant will cooperate with the investigation and will handover his mobile handset to the police for investigation, if necessary. 7.

Having considered the nature of the allegations and that the main accused has been released on regular bail and considering that there are no antecedents against the Applicant, the case is made out for grant of Anticipatory Bail. In view thereof, the following order is passed:

O R D E R

(a) In the event of arrest of the Applicant-Rahul Manjulnath Margar in connection with C.R. No.207 of 2025 registered with the Urali Kanchan Police Station, Pune, the Applicant is directed to be released on bail

on his furnishing P.R. Bond in the sum of Rs.25,000/- with one or two solvent sureties in the like amount. (b) The Applicant shall attend the Urli Kanchan Police Station, Pune on 13th October 2025, 14th October 2025 and 15th October 2025 between 11:00 a.m. to 02:00 p.m. and shall handover his cell phone, if necessary for the investigation. Thereafter, the Applicant shall attend the concerned Police Station on every Sunday between 11:00 a.m. to 01:00 p.m. till filing of the chargesheet and shall cooperate with the investigation.

(c) The Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

(d) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.

(e) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.

(f) The Applicant shall not leave India without prior permission of the Court.

8.

The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.] Digitally signed by SONALI MILIND PATIL Date:

2025.10.11 14:40:34 +0530 SONALI MILIND PATIL