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Bombay High CourtABA/10/2026partly allowed

Aniket Yuvraj Maindkar And Others. v. The State Of Maharashtra Through Pso Ps Washim City

2026-01-14Hon'Ble Shri Justice M. W. Chandwani3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 10 OF 2026 (Aniket Yuvraj Maindkar and Ors Vs. The State of Maharashtra, thr PSO, PS Washim City, Washim) ________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. M.N. Ali, Advocate for applicants.

Mr. N.R. Rode, APP for non-applicant/State.

CORAM : M.W. CHANDWANI, J.

DATE : 14.01.2026.

Heard.

2.

The applicants are apprehending arrest in connection with crime No. 903/2025, registered with Police Station, Washim City, Washim, for the offence punishable under Sections 108, 3(5) of the Bhartiya Nyaya Sanhita, 2023. 3.

Heard the learned counsel for the applicants and learned APP for the non-applicant/State.

4.

Having gone through the case diary, it appears that applicant No. 1 and the deceased were having a love affair and they were intending to get married. Case diary further reveals that the marriage was fixed, the applicant insisted that the marriage should be performed at Watane Lawns, Washim. However, due to the poor economical condition of the parents of the victim, more particularly, considering the

fact that the parents had five daughters, they could not consent for the same. On this count, there used to be arguments between applicant No.1 and the deceased. It is also alleged that applicant No. 1 also assaulted the victim. It is alleged in the FIR that on the day of the incidence i.e. on 5.12.2025, applicant No.1 made a phone call on the mobile phone of the victim and started quarreling with her. Applicant No. 1 refused to marry her and therefore, the deceased consumed rat kill poison and committed suicide. Hence, the aforesaid offences came to be registered. 5.

Learned counsel for the applicants submitted that the allegations made in the FIR do not amount to abetment to commit suicide at the hands of the applicants. 6.

It is alleged that applicant Nos.2 and 3 only insisted that the marriage be performed at a particular place. Apart from that, there is nothing on record to suggest that immediately before consuming the poison, there was any contact of the deceased with applicant Nos. 2 and 3. So far as applicant No. 1 is concerned, there are allegations that applicant No.1 quarreled with the deceased and therefore, the deceased consumed the poison used for killing rats. Therefore, whether the alleged act of applicant No. 1 will amount abetment can be decided during the trial. There are allegations of beating just prior to consumption of poison. Considering the close proximity between the alleged quarrel and consumption of poison, the investigation has to be conducted in that regard. Therefore, custody of applicant

No. 1 is necessary to connect the dots. Hence, the following order:

ORDER

i) The application is partly allowed.

ii) The application as regards applicant No.1 is rejected. Whereas, the application of applicant Nos. 2 and 3 is allowed.

iii) In the event of arrest, applicant Nos. 2 and 3 be released on furnishing a P.R. Bond of Rs. 25000/- each and one solvent surety each in the like amount. iv) Applicant Nos. 2 and 3 shall attend the concerned Police Station, as and when directed by the Investigating Officer.

v) Applicant Nos. 2 and 3 shall not tamper with the prosecution evidence and shall cooperate in the investigation.

JUDGE Belkhede