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Bombay High CourtABA/556/2026disposed off

Minabai Madhukar Thakare v. The State Of Maharashtra

2026-04-21Hon'Ble Shri Justice Mehroz K. Pathan4 pages

2026:BHC-AUG:17874 {1}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 556 OF 2026 Minabai Madhukar Thakare ....Applicant

VERSUS

The State Of Maharashtra .....Respondent .....

Advocate for Applicant : Ms. Sarin Karishma Sanjay APP for Respondents: Mr. S.A. Gaikwad.

CORAM : MEHROZ K. PATHAN, J.

DATE : 21st APRIL, 2026.

P.C. :- 1.

The applicant has approached this court seeking anticipatory bail in connection with Crime No. 35 of 2026 registered with Sarangkheda Police Station, District Nandurbar, for the offences punishable under Sections 124-2, 115-2, 352, 351-2, 351-3, 304 of the Bhartiya Nyaya Sanhita.

2.

The prosecution case is that the applicant quarreled with the informant over the suspicion that she is having a relationship out of marriage with the husband of the applicant, while discharging her duties at Anganwadi. Some one kicked her chair from backside due to which she lost her balance. On turning back, she found that the applicant was standing there. Thereafter, the applicant regarded the informant as prostitute and gave fist and kick blows and pulled her hair. The further allegations are that, the applicant took a plastic bottle and threatened the applicant that she will deface her by throwing acid on her face and attempted to throw the same over her face. Furthermore, the applicant snatched the 10 gram gold Mangalsutra. Hence, the FIR is lodged.

{2} 3.

The learned counsel for the applicant submits that the applicant is falsely implicated in the present crime. The present crime is a counter blast to the earlier FIR No. 207 of 2024 filed by the applicant against the victim and her husband. The earlier prosecution is pending. The allegations are deliberately made to wreak vengeance against the applicant. The entire investigation is complete. The prosecution has filed a charge sheet against the applicant. Nothing remains to be investigated. Hence, the custodial interrogation of the applicant may not be necessary. The applicant is not having any criminal antecedents and she is ready to abide by any conditions that may be imposed by this Court. Hence, the applicant may be released on anticipatory bail. 4.

As against this, the learned APP vehemently opposes the application on the ground that the applicant is involved in a serious offence of administering corrosive poison/acid to the victim. The applicant is charged with 124(2) of the BNS, punishable with seven years of imprisonment. The medical injury certificate corroborates the allegations of forcible administration of corrosive poison. The victim was required to undergo treatment for injuries sustained due to the assault. There are eye witnesses to the said incident. The applicant has alleged the alleged illicit relationship of the complainant with the husband of the applicant. There is every likelihood that the applicant, if released on bail, may again commit identical offence or threaten the complainant and thereby cause prejudice to the prosecution case. Hence, the application may be rejected.

5.

I have gone through the investigation papers which have culminated into filing of charge sheet. The applicant is a woman and there was earlier FIR under Section 307 of IPC bearing Crime N. 207 of 2024 registered against the complainant and the husband of the present

{3} applicant - Police Constable Madhukar Thakare, who is alleged to have illicit relationship with the complainant. The false implication of the applicant woman cannot be ruled out at this stage. However, these are prima facie observations made only for the purpose of deciding this application and may not influence the trial court. Since the investigation is complete, the statement appears to have been recorded, the necessary medical papers are already obtained, the custodial interrogation of the applicant woman in the present crime may not be necessary. As such, I am inclined to protect the applicant, however, upon certain conditions. Hence, the following order :-

O R D E R

[I] In the event of arrest of the applicant, in connection with Crime No. 35 of 2026 registered with Sarangkheda Police Station, District Nandurbar, for the offences punishable under Sections 124-2, 115-2, 352, 351-2, 351-3, 304 of the Bhartiya Nyaya Sanhita, the applicant Minabai Madhukar Thakare, be released on bail on furnishing PR Bond in the sum of Rs. 50,000/- , with one or more sureties in the like amount, on the following conditions :- [i] The applicant shall attend the concerned police station and report to the Investigating Officer on i.e. on 27th, 28th April, 2026, 4th and 5th May, 2026 between 2.00 p.m. to 5. 00 p.m. and thereafter as and when called by the Investigating Officer and shall cooperate with the investigation. [ii] The applicant shall not tamper with the prosecution evidence.

[iii] The applicant shall not enter the jurisdiction of Sarangkheda Police Station, Taluka Shahada, Dist. Nandurbar.

{4} [iv] A single violation of the conditions shall entitle the prosecution to seek cancellation of bail.

[v] The applicant shall submit her Aadhar and Pan card to the Investigating Officer alongwith mobile numbers and addresses of two of her near relatives and her present address.

[vi] The application stands disposed of.

[MEHROZ K. PATHAN] JUDGE.

grt/-