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Bombay High CourtABA/413/2026allowed

Shobha W/O Ramesh Lahudkar v. The State Of Maharashtra Thr. Its Pso, Ps, Jalamb, Tq. Shegaon Dist. Buldhana.

2026-06-10Hon'Ble Shri Justice Pravin S. Patil4 pages

8-aba413.26.odt 1/4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) No.413 OF 2026 (Shobha w/o. Ramesh Lahudkar Vs. The State of Maharashtra, through P.S.O. Police Station Jalamb, Tq. Shegaon, Distt. Buldhana) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Ms. Kirti Deshpande , Advocate for applicant. Mr. H.D. Marathe, APP for respondent.

CORAM : PRAVIN S. PATIL, J.

DATE : 10 th JUNE, 2026.

1.

Heard.

2.

By this application the applicant is seeking anticipatory bail in Crime No.0002/2026, registered at Police Station Jalamb, Taluka Shegaon, District Buldhana for the offence under Sections 109, 85, 115(2), 352, 3(5) and 49 of the Bharatiya Nyaya Sanhita, 2023.

3.

In brief, the case of the prosecution is that on 9.12.2025 at about 8.30 a.m. the present applicant along with her son and husband assaulted the complainant and forcibly administered the poison. The complainant then immediately consumed two sachets of shampoo to reduce the effect of poison and accordingly done omitting. As such, she has somehow saved herself from the present accused persons. It is also stated that she was admitted in the hospital on 10th December, 2025 and was discharged on 13.12.2025. The allegation against the present applicant is that she has mixed the rat poison in one mug and other accused poured the said

8-aba413.26.odt 2/4 poison in the mouth of complainant. On that basis the offence is registered in the matter.

4.

Learned counsel for the applicant has pointed out that in the present matter the charge-sheet is already filed and after filing of the charge-sheet the other accused i.e. son and husband of applicant approached before this Court for grant of regular bail and this Court has specifically observed in the order dated 27.4.2026 while granting regular bail in para 6 as under : "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 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." 5.

According to the applicant, perusal of the charge-sheet also certify the fact that the complainant was not administered the poison as the same was not found in any medical papers. Hence, the allegations itself are incorrect in the matter.

6.

Learned A.P.P. has strongly opposed the present

8-aba413.26.odt 3/4 application. He has pointed out from the F.I..R. the specific role attributed to the present applicant in the matter. He has stated that the applicant was the person who helped the other accused person to administer the poison to the complainant and, therefore, in such circumstances no relief can be granted in favour of the present applicant.

7.

After hearing both the parties in the matter, it is clear that the charge-sheet is already filed in the matter after recording the statement of independent persons. So also the co-accused i.e. son and husband of the applicant are already released on regular bail by this Court. The documents which are enclosed with the charge-sheet prima facie do not show that poison was administered to the complainant. Moreover, the applicant is a lady of nearabout 55 years of age and her custody will not be required in such facts and circumstances of the matter. Hence, I proceed to pass following order :

O R D E R

(i) The application is allowed.

(ii) In the event of arrest of the applicantShobha w/o. Ramesh Lahudkar in Crime No.0002/2026, registered at Police Station Jalamb, Taluka Shegaon, District Buldhana for the offence under Sections 109, 85, 115(2), 352, 3(5) and 49 of the Bharatiya Nyaya Sanhita, 2023 the applicant be released on bail on furnishing PR Bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand).

(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted to the facts of the case, so also shall not

8-aba413.26.odt 4/4 tamper with the evidence.

(iv) The applicant shall provide her details to the concerned Investigation Officer in the matter and attend the proceedings before the Sessions Court during the trial. (v) With this observation, the application stands disposed of.

(PRAVIN S. PATIL, J.) Wadode Signed by: Mr. Devendra Wadode Designation: PS To Honourable Judge Date: 10/06/2026 19:53:20