Ramesh S/O Ramchandra Lahudkar And ANR. v. The State Of Maharashtra Thr Pso Ps Jalamb, Tq. Shegaon Dist Buldhana

1 32 BA 532.26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 532/2026 (Ramesh S/o Ramchandra Lahudkar & anr. Vs. The State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. T.S. Deshpane, Advocate for applicant.

Mr. A. Madiwale, APP for non-applicant/State. CORAM: M. M. NERLIKAR, J .

DATED : 27/04/2026.

Heard.

2.

By this application, the applicant is seeking bail in connection with Crime No.2/2026 registered with Police Station Jalamb, Tah. Shegaon, Dist. Buldhana for the offences punishable under Sections 109, 85, 115(2), 352, 3(5), 49 of the Bharatiya Nyaya Sanhita, 2023. 3.

The story of the prosecution in short is that on 09/12/2025 at about 8:30 p.m. the accused Ujwal assaulted the victim/informant under the influence of liquor. The accused persons abused her in filthy language. Thereafter, the applicants Ramesh and Dnyaneshwar held hands and legs of the victim and the mother-in-law namely Shobhabai mixed the rat poison in one mug and accused Ujwal poured the said poison in the mouth of the victim

2 32 BA 532.26 and left from the spot. That, the victim somehow freed herself and she was admitted at General Hospital, Shegaon. The victim was discharged on 13/12/2025. That, once again on 19/12/2025, the victim was admitted in the General Hospital, Akola as she was suffering from severe throat infection. That, on 20/12/2025 the victim underwent operation and on 27/12/2025 the victim was discharged from the hospital. Accordingly the first information report was lodged on 01/01/2026.

4.

The learned counsel appearing for the applicants submits that they have not administered poison to the informant/victim. He submits that the informant is the wife of Ujwal. The applicant No.1 is the father-in-law and applicant No.2 is the brother-in-law of the informant. The learned counsel for the applicant submits that absolutely there is no supporting medical evidence to show that the applicants have administered the poison. The medical papers are silent on this aspect. He submits that according to informant, the incident occurred on 09/12/2025. However, her father has admitted her on 10/12/2025 and she was discharged on 13/12/2025. He submits that whether it is a case of administration of poison or

3 32 BA 532.26 consumption of poison is not clear, even from the medical papers. Even the history was not narrated about the administration of poison. He submits that in the absence of any medical evidence, the allegations against the applicants cannot be accepted. Therefore, the applicant be released on bail.

5.

On the other hand, the learned APP vehemently opposes the application and submits that the first information report was registered on 01/01/2026, wherein the allegations made are serious in nature. The allegations against the applicants are that they caught hold of hands of the victim/informant and Ujwal administered the poison. He submits that the informant has narrated she was administered rat kill poison on 09/12/2025. He submits that medical papers are in support of the allegations, where the informant has taken treatment at the hospital, therefore considering the serious allegations, the applicant does not deserve bail.

6.

I have considered the rival submissions. Admittedly, it appears from the record that the date of incident is 09/12/2025. It further appears that on

4 32 BA 532.26 10/12/2025, the informant was hospitalized and was discharged on 13/12/2025. During the entire period, it appears from the record that she has not made any allegation of administration of poison. It is further to be noted that even the medical papers do not show presence of any poison. It further appears from the records that it is for the first time on 01/01/2026, she had filed the first information report. Though she tried to give the explanation, but considering the huge delay in registration of the first information report and in the absence of any material in respect of presence of poison, it is very difficult to accept the story of the informant. Considering the nature of allegations, and the fact that the investigation is over and charge sheet is filed, I am inclined to grant bail, hence the following order:-

ORDER

(i) Criminal application is allowed and disposed of. (ii) The applicants/accused Ramesh S/o Ramchandra Lahudkar and Dnyaneshwar @ Munna S/o Ramesh Lahudkar be released on bail in connection with Crime No.2/2026 registered with Police Station Jalamb, Tah. Shegaon, Dist. Buldhana for the offences punishable under Sections 109, 85, 115(2), 352, 3(5), 49 of the

5 32 BA 532.26 Bharatiya Nyaya Sanhita, 2023 on their furnishing P.R. Bond of Rs. 25,000/- each with one surety in the like amount.

(iii) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence.

(iv) The accused shall provide his residential address and cell number to concerned Police Station and shall not change his place of residence without prior intimation to the concerned Investigating Officer.

(v) The applicant/accused shall attend each and every date of trial regularly. If he fails to attend the trial for two consecutive dates or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail.

7.

The observations of this Court are prima facie in nature and are only limited to this application. The Trial Court shall not be influenced by the aforesaid observations. ( M. M. NERLIKAR , J.) Gohane Signed by: Mr. J. B. Gohane Designation: PS To Honourable Judge Date: 27/04/2026 18:19:05