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Bombay High CourtABA/345/2026allowed

Chandrakala W/O Baliram Talokar And ANR v. The State Of Maharashtra Thr Pso Dabki Road, Police Station Akola Tq And Dist Akola

2026-05-07Hon'Ble Shri Justice Rajnish R. Vyas5 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO. 345 of 2026 (Chandrakala w/o Baliram Talokar and anr Vs. State, thr PSO, PS Dabki road, Akola) and CRIMINAL APPLICATION (ABA) NO. 364 of 2026 (Rekha w/o Sunil Ghatole Vs. State, thr PSO, PS Dabki road, Akola) and CRIMINAL APPLICATION (ABA) NO. 357 of 2026 (Harshal Sunil Ghatole and ors Vs. State, thr PSO, PS Dabki road, Akola) --------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------------------- Mr. V.G. Nare & Mr. Puneet Sharma, Advocate for applicants in ABA 345/2026&364/2026 Mr. K.P. Mahalle, Advocate for applicants in ABA 357/2026 Mr. A.M. Ghogare, APP for non-applicant/State. CORAM: RAJNISH R. VYAS, J.

DATE: 07.05.2026 Apprehending arrest, the original accused nos. 2 to 7 have preferred this application in connection with First Information Report No. 250/2026, dated 15/04/2026, registered with Police Station Dabki Road, Akola for the offences punishable under Sections 108, 115(2), 80(2), 85, 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023.

2.

The applicant in ABA No. 364/2026 is the mother-in-law whereas the applicants in ABA 357/2026 are the brother-in-law and wife of brother-in-law and father-in-law of the deceased. It is informed that the applicant Gauri in ABA 357/2026 is carrying two month's pregnancy.

3.

The learned counsel for the applicants in ABA No. 345/2026 has submitted that the applicant no. 1 is 80 years old and is

2 21aba345.2026..odt a mother of mother-in-law of the said Bhavana. So far as the applicant no. 2 is concerned, she is a sister-in-law of the deceased. The learned counsels for the applicants has submitted that even if the allegations made in the FIR are taken as it is, it would reveal that the investigating agency has not brought anything on record to show that the applicants have abetted the offence. They thus prayed for grant of anticipatory bail.

4.

It is in this background, the learned counsels for the applicants submitted that even if the allegations made in the FIR are taken as it is, prima face, the ingredients of offences are not made out. They submitted that accused no.1 is already arrested and presently is in judicial custody. The learned counsels have submitted that so far as demand of Rs.2 lakhs is concerned, it was attributable to the applicants by making vague statement against the applicant. 5.

Per contra, learned APP has argued that the offence is serious and investigation is still going on.

6.

With the help of learned counsels for the respective parties, I have gone through the record of the case. 7.

The FIR is lodged at the behest of one Vitthal Pralhad Malvarkar who has alleged that the marriage of his daughter by name Bhavana was solemnized with accused no. 1 Vishal on 22/5/2023. According to the FIR, the applicants along with co-accused have subjected the said Bhavana to physical and mental harassment continuously. It was also stated that even an amount of Rs. 2,00,000/- was demanded for purchasing the car. According to the FIR, though the said Bhavana was blessed with a son on 15/02/2025, the harassment at the instance of the accused persons continued and

3 21aba345.2026..odt consequently, on 09/04/2026, the said Bhavana committed suicide by hanging. It is in this background, the FIR was lodged. 8.

The applicant in ABA 345/2026 is the mother-in-law who is 80 years old and applicant no. 2 in ABA 345/2026 is sister-in-law of deceased who is residing at Akot whereas the incident had taken place at Akola. The applicant No. 2 in ABA 357/2026 is wife of brother in law of deceased who is carrying two month's pregnancy. It is stated that in ABA 357/2026, the applicant no. 3 is the father in law who is 67 years old.

9.

In this background, if the allegations made are perused, it would reveal that so far as the applicants are concerned, it is submitted that they demanded money from the deceased/daughter-inlaw. It is further alleged that the applicants used to pass comment and say that deceased was not good looking and on that count, she was harassed.

10.

Prima facie, considering the nature of allegations, I do not find any reason to reject the applications. The original accused - husband is already arrested and is present in judicial custody. The age of applicant No. 1 and the residence of Applicant no. 2 in ABA 345/2026 are the additional factors which are taken into consideration. It further cannot be ignored that applicant no. 2 in ABA 347/2026 is carrying two months pregnancy. 11.

In view of the aforesaid discussion, as the applicants have also their willingness to cooperate the Investigating Agency, I am inclined to pass the following order:

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ORDER

i) The Criminal Applications are allowed.

ii) In the event of arrest in connection with Crime No. 250/2026, dated 15/04/2026, registered with Police Station Dabki Road, Akola for the offences punishable under Sections 108, 115(2), 80(2), 85, 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023, the applicants in ABA345/2026, namely, Chandrakala w/o Baliram Talokar and Ashwini w/o Sachin Nesneskar, the applicants in ABA No.357/2026, namely, Harshal Sunil Ghatole, Gauri @ Aditi w/o Harshal Ghatole, Sunil Shankarrao Ghatole and the applicant in ABA no. 364/2026, namely, Rekha w/o Sunil Ghatole, be released on bail on furnishing a P.R. bond of Rs. 25,000/- (Rupees Twenty Five Thousand only)each with one solvent surety in the like amount.

iii) The applicant no.1 namely, Harshal Sunil Ghatole and applicant no. 3 namely, Sunil Shankarrao Ghatole in ABA 357/2026 shall attend the police station on every Sunday, between 3.00 p.m. to 5.00 p.m. till filing of the charge sheet, the applicant Rekha w/o Sunil Ghatole in ABA 364/2026 and applicant no. 2 namely, Ashwini w/o Sachin Nesneskar in ABA 345/2026 shall attend the police station on 10.5.2026 between 3.00 p.m. to 6.00 p.m. and thereafter, as and when called by the Investigating Officer.

iv) The applicants shall not tamper with the

5 21aba345.2026..odt prosecution evidence or threaten the prosecution witnesses.

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

RAJNISH R. VYAS, J.

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