Allowed

Vimalbai W/O Eknath Kolhe v. the State of Maharashtra and Another

Bombay HC5 Dec 2024ABA/1492/2024

Case brief

AI extract

What is this about?

Coram A.R. Pedneker, J., disposed of an anticipatory bail application filed by the sole female member of a family. The single judge granted bail in the event of arrest in connection with an FIR alleging offences under specific sections of the BNS, conditioning release on a PR bond and standard conditions.

What did the court decide?

Conditional anticipatory bail granted on PR bond of Rs. 20,000 with sureties, subject to standard conditions preventing tampering or influencing witnesses.

Vimalbai W/O Eknath Kolhe Vs the State of Maharashtra and… — Anticipatory Bail | Bombay HC (2024)

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2024:BHC-AUG:28620

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IN THE JUDICATURE OF HIGH COURT AT BOMBAY BENCH AT AURANGABAD

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964 ANTICIPATORY BAIL APPLICATION NO. 1492 OF 2024

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Vimalbai W/o Eknath Kolhe VERSUS

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The State Of Maharashtra And Another

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Advocate for Applicant : Mr. More P. P. APP for Respondents: Mrs. M. L. Sangit Advocate for Assist to APP : Mr. R. D. Thorat h/f Mr. P. N. Ghadge

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WITH CRIMINAL APPLICATION NO. 4767 OF 2024 IN ABA/1492/2024

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CORAM : ARUN R. PEDNEKER, J.

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Dated : December 05, 2024.

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PER COURT :-

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Criminal Application No.4767/2024 is filed for Assist to learned APP. The said application is allowed and disposed of.

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Heard learned counsel for the applicant, the learned APP for the respondent-State, and the learned Counsel for Assist to APP.

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The applicant is apprehending arrest in connection with FIR No.256/2024, dated 14/08/2024, registered at Gondi Police Station, District Jalna, for the offences punishable under sections 85,80, 352, 3(5), 115(2) of the Bhartiya Nyaya Sanhita.

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The learned counsel for the applicant submits that the male members of the family were granted bail by an order of this Court dated

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Page 1 of 3

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964 ABA 1492-2024

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21/10/2024, and the applicant is the sole female member of the family. It is observed in the order dated 21/10/2024, passed by this Court in BA/1711/2024, in paragraph 6 as follows : -

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“6. Perused the papers. The conduct of the applicants was natural. Immediately after admitting her to hospital, her parents were informed and then she was shifted to MGM Hospital. That time also, her parents were present. Considering the cause of death as mentioned above, there is a scope to believe that it may not be a death caused due to the acts of the applicants. There are no allegations of use of weapon.”

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The present applicant is the female member of the family, and in view of the same, interim protection was granted to her by an order dated 30/08/2024. The charge-sheet in the matter has now been filed. Accordingly, the interim protection granted by the order dated 30/08/2024 in ABA No. 1492/2024 stands confirmed.

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In view of the above, the application is allowed in the following terms : -

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i] In the event the applicant is arrested in connection with FIR No.256/2024, dated 14/08/2024, registered at Gondi Police Station, District Jalna, for the offences punishable under sections 85,80, 352, 3(5), 115(2) of the Bhartiya Nyaya Sanhita, she shall be released on bail on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.

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ii] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant,

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Page 2 of 3

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964 ABA 1492-2024

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witnesses and other persons concerned with the case.

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iii] The applicant shall co-operate in the proceedings before the trial Court.

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In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled.

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It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

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The application stands disposed of.

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( ARUN R. PEDNEKER, J. )

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vj gawade/-.

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Vimalbai W/O Eknath Kolhe v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Vimalbai W/O Eknath Kolhe v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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