Baliram Baban Rithe vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

Baliram Baban Rithe vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim anticipatory protection granted: in the event of arrest in Crime No.0436/2025 (Chikalthana Police Station) under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, the Applicant to be released on bail on P.B. of Rs.15,000/- with one surety in the like amount, on conditions of attending the police station/cooperating with the investigation and non-tampering with prosecution evidence; notice issued to the Respondent, returnable on 6 November, 2025, with the learned APP waiving service for the State.

Issue for consideration

Whether the Applicant is entitled to interim protection (anticipatory bail) in connection with Crime No.0436/2025 registered under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. +1 more

Court's answer

In the event of arrest of the Applicant in connection with Crime No.0436/2025 (Chikalthana Police Station) for offences under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, he is to be released on bail on furnishing a personal bond (P.B.) of Rs.15,000/- with one surety in the like amount.

Ratio / Principle

On going through the FIR, the essential ingredients for the offence under which the Crime is registered prima facie fall short of constituting the offence against the Applicant; therefore a prima facie case for interim protection is made out.

Key takeaways

Release is subject to conditions: the Applicant shall attend the concerned Police Station as and when called by the Investigating Officer, cooperate with the investigation, and shall not tamper with the prosecution evidence.ratio¶ORDER-[a]

Detailed headnote1 paragraphs

Bombay High Court (Aurangabad Bench), Anticipatory Bail Application No. 1774 of 2025, Neeraj P. Dhote, J., 09.10.2025 — Interim pre-arrest protection granted to the Applicant in Crime No.0436/2025, Chikalthana Police Station (Chhatrapati Sambhajinagar/Aurangabad Rural), for offences punishable under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, arising out of the suicide of the first Informant's husband amid a land-mortgage dispute (5 gunthas mortgaged in 2009; land sold to the Applicant's father on 05/08/2025 by the co-accused; alleged manhandling and threats). The Court held that, even on going through the FIR, the essential ingredients of the offence prima facie fall short of constituting the offence against the Applicant, noting that the Applicant had earlier obtained a temporary injunction in Civil Suit No.876/2024 against the Deceased in respect of other land. Bail in the event of arrest ordered on P.B. of Rs.15,000/- (order's words read 'Rupees Thirty Thousand' — inconsistent) with one surety in the like amount, subject to conditions of cooperation with investigation and non-tampering with evidence; notice to the State, returnable on 6 November, 2025. No precedent was cited or relied upon.

912-ABA-1774-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

912 ANTICIPATORY BAIL APPLICATION NO. 1774 OF 2025

Baliram S/o Baban Rithe, Age: 35 years, Occu: Agriculture, R/o: Chittepimpalgaon, Tq. & Dist. Aurangabad.

….Applicant

VERSUS

The State of Maharashtra

…..Respondent

Mr. U. R. Mirza, Advocate for the Applicant Mr. C. V. Bhadane, APP for the Respondent - State

CORAM : NEERAJ P. DHOTE, J. DATE : 09.10.2025

PER COURT :

Heard the learned Advocate for the Applicant and the learned APP for the Respondent – State on the point of interim protection. Perused the papers on record.

The first Informant’s husband committed suicide by consuming poisonous substance in the afternoon of 31/08/2025. According to the Informant, five [05] gunthas of their land was mortgaged with the Coaccused in the year 2009. The Deceased wanted to release the same by paying the amount; however, the Co-accused was refusing to accept his request. On 05/08/2025, the Co-accused sold the said land to the Applicant’s father. Thereafter, the FIR-named accused and others went to the house of

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912-ABA-1774-2025.odt

the Deceased to take possession of the land. The quarrel took place between them. The Deceased was manhandled by the accused persons and also threatened with dire consequences. Eventually, the Deceased committed suicide. Therefore, the Crime bearing No.0436/2025 came to be registered with Chikalthana Police Station, Aurangabad (Rural), for the offences punishable under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, against the Applicant and Co-accused.

The papers made available by the learned Advocate for the Applicant indicate that, the Applicant had filed the Civil Suit bearing No.876/2024 before the Civil Court at Aurangabad against the Deceased in respect of another landed property and the Civil Court granted temporary injunction in favour of the Applicant. Even on going through the FIR, prima facie the essential ingredients for the offence under which the Crime is registered, fall short of constituting the offence against the Applicant. Thus, prima facie case for interim protection is made out. Hence, the following order:

ORDER

[I] In the event of arrest of the Applicant, namely, Baliram S/o Baban Rithe, in connection with Crime No.0436/2025, Chikalthana Police Station, Chhatrapati Sambhajinagar for the offences punishable under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, he be released on bail on his furnishing P.B. of Rs.15,000/- [Rupees Thirty

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912-ABA-1774-2025.odt

Thousand], with one surety in the like amount, on the following conditions:

[a] The Applicant shall attend the concerned Police Station as and when called by the Investigating Officer and shall cooperate with the Investigation.

[b] The Applicant shall not tamper with the Prosecution evidence in any manner.

th

[II] Issue notice to the Respondent, returnable on 6 November, 2025 .

Learned APP waives service of notice for the Respondent – State.

[NEERAJ P. DHOTE, J.]

Sameer/October-2025

Signed by: Md. Sameer Q. Designation: PA To Honourable Judge Date: 09/10/2025 18:31:19

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