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Bombay High CourtABA/197/2026disposed off

Rajendra Bhimrao Koli v. State Of Maharashtra And ANR.

2026-04-29Hon'Ble Shri Justice M. W. Chandwani4 pages

2026:BHC-NAG:5960 1 23) ABA 197-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO. 197 OF 2026 VIMAL W/O PRALHAD TAYADE VS STATE OF MAHARASHTRA THR PSO., PS KHAMGOAN CITY, DIST. BULDHANA Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Shri Bhushan Dafle, Advocate for applicant.

Ms. M.R.Kavimandan, APP for respondent/State. CORAM: RAJNISH R. VYAS, J.

DATED : 17th APRIL, 2026.

Apprehending the arrest, the applicant has preferred this application for the grant of anticipatory bail in connection with First Information Report/Crime No. 494/2025, dated 29/11/2025, registered with Police Station Khamgaon City, District Buldhana for the offence punishable under Sections 420, 465, 468, 470 and 471 of the Indian Penal Code, 1860 (for short, 'IPC'). 2.

The direction under section 156(3) of the Code of Criminal Procedure (for short, 'Cr.P.C.') resulted into registration of aforesaid FIR.

3.

The informant is the first wife of Pralhad Tayade. Her name is Vimal. The accused/applicant, according to the informant, was having illicit relationship with her husband. According to the learned counsel for the applicant, the applicant is the second wife of Pralhad Tayade and her maiden name is Anjani Dhyandeo Kale. After marriage, her name was changed to Vimal Pralhad Tayade. According to the informant, taking disadvantage

2 23) ABA 197-2026.odt of the change of name, service benefits of Pralhad Tayade were claimed by the applicant including pension. It is the case of informant in FIR that, her marriage was performed on 11/03/1984 with Pralhad Tayade who was working on the post of Constable and retired in the year 1997. The said Pralhad Tayade died on 16/4/2013. The informant has alleged in the FIR that, as she was not properly maintained, she had filed Misc. Cri. Application No. 95/1990 before the Judicial Magistrate First Class, Malkapur and had prayed for maintenance. According to the informant, the applicant has allegedly forged several documents and on the basis of which, she had claimed movable and immovable property of said Pralhad Tayade. 4.

In this background, the learned counsel for the applicant has contended that, the allegations made in the FIR are false, since after death of said Pralhad Tayade in the year 2013, the applicant was continuously receiving the pension and for a long period of 12 years, no steps were taken by the informant. It is submitted that, out of the marriage with Pralhad Tayade, the applicant is blessed with three daughters, one of whom, is already married. He submitted that, the custodial interrogation of the applicant is not required at all.

5.

Per contra, the learned APP for the State has contended that, the applicant had never performed marriage with said Pralhad Tayade and was having illicit relationship with him. She submitted that, since various documents are forged, the custodial interrogation of the applicant is required.

3 23) ABA 197-2026.odt 6.

With the assistance of the respective learned counsels, I have gone through the record of the case. The FIR is an outcome of the direction given by the jurisdictional Court under Section 156(3) of the Cr.P.C. It is not in dispute that, the informant had filed Misc. Cri. Application No. 95/1990 against Pralhad Tayade, which facts prima facie shows that the relation between the informant and Pralhad Tayade were strained. It is further not disputed that, Pralhad Tayade died on 16/04/2013 and since then, the applicant is continuously receiving pension and already received the pensionary benefits as his widow. The question about legality of marriage cannot be decided in the present application. Considering the delay in lodging the FIR and the nature of allegations, I am inclined to allow the present application. Hence, the following order:-

ORDER

i) The application is allowed.

ii) In the event of arrest, in connection with Crime No. 494/2025, dated 29/11/2025, registered with Police Station Khamgaon City, District Buldhana for the offence punishable under Sections 420, 465, 468, 470 and 471 of the I.P.C., the applicant be released on bail on furnishing P.R. bond of Rs. 25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety in the like amount. iii) The applicant shall attend the concerned Police Station as and when called by the Investigating Officer.

4 23) ABA 197-2026.odt iv) The applicant shall cooperate with the investigating agency and shall not tamper with the prosecution evidence or influence the witnesses.

v) The applicant shall not leave the India without prior permission of the Court.

vi) Accordingly, the Application stands disposed of. (RAJNISH R. VYAS, J.) B.T.K.

Signed by: Mr. B.T. Khapekar Designation: PA To Honourable Judge Date: 17/04/2026 20:23:57