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Bombay High CourtABA/34/2026disposed off

Vaishali Sanjay Gaikwad v. The State Of Maharashtra

2026-03-05Hon'Ble Shri Justice Sachin Shivajirao Deshmukh2 pages

60 aba34.26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO.34 OF 2026 Rushikesh s/o Rameshwar Dolare Vs. State of Maharashtra __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri Shubhankar Chimote, Adv. h/f Shri Ved Deshpande, Advocate for applicant.

Ms H.N. Prabhu, AGP / APP for respondent/State. CORAM : M.W. CHANDWANI, J.

DATE : 24.02.2026.

1.

The applicant apprehends his arrest in connection with Crime No.355/2025 registered with Police Station, Patur, District Akola for the offences punishable under Sections 190, 191(2), 74, 75 (2), 115(2), 296, 352, 351(2), 324(2) of the Bharatiya Nyaya Sanhita, 2023.

2.

Heard the learned counsel for the applicant as well as learned Additional Public Prosecutor for the non-applicant/State.

3.

Perusal of the case diary reveals that there is a dispute between the applicant's family and complainant's family on account of right of way and the civil dispute is pending. The allegations are that on 09.12.2025 at about 5.00 pm, the other co-accused abused the complainant as well as her sister-in-law. The police was called. Police asked the complainant to lodge a report but she did not do so. It is also alleged that on the same day, at about 8.00 pm, other

60 aba34.26.odt co-accused alongwith the present applicant assaulted the husband as well as the brother-in-law of the complainant while they were returning to village.

4.

The role assigned to the present applicant is that he damaged the motorcycles belonging to the husband and brother-in-law of the complainant. There is no allegation of outraging the modesty of the complainant against the present applicant. Rather, during the first altercation, the applicant was not present.

5.

The applicant was protected by ad interim order dated 19.01.2026 with a direction to appear before the investigating officer and cooperate in the investigation. Accordingly, it is informed that the applicant has appeared and cooperated in the investigation.

6.

Considering these aspects, the nature of offence and the role assigned to the applicant, a case is made out for confirmation of the interim order dated 19.01.2026. The application is allowed. Interim order dated 19.01.2026 stands confirmed on the same terms and conditions except the condition mentioned in para 8.

7.

The applicant shall attend the concerned police station as and when directed by the investigating officer. 8.

With this, the application stands disposed of. (M.W. Chandwani, J.) Wagh