Ashok Shivdas Rathod and Anr. Vs State of Maharashtra Thr Pso Hiwarkhed Ps Tq Khamgaon Dist Buldhana — Bombay HC (2025) — LawSathi Research

Ashok Shivdas Rathod and Anr. Vs State of Maharashtra Thr Pso Hiwarkhed Ps Tq Khamgaon Dist Buldhana — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application allowed; the order dated 08.09.2025 granting ad-interim anticipatory bail is confirmed on the same terms and conditions; the applicants shall attend the concerned police station as and when called by the investigating officer; the application stands disposed of.

Issue for consideration

Whether the applicants, apprehending arrest in Crime No. 182 of 2025 (offences punishable under Sections 108, 3(5), 351(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023, P.S. Hivarkhed, District Buldhana), are entitled to confirmation of the interim (ad-interim anticipatory bail) protection earlier granted by this Court.

Court's answer

Considering the contents of the video recording, and as after the death a gift deed was executed in favour of the son of the deceased, no prima facie case is made out against the applicants to keep them in jail during trial.

Ratio / Principle

The interim protection granted earlier is confirmed on the same terms and conditions.

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Mrs. Vrushali V. Joshi, J.), 29/09/2025 [Neutral Citation: 2025:BHC-NAG:9923] - Criminal Application (ABA) No. 667 of 2025 - Ashok Shivdas Rathod and anr. v. State of Maharashtra and anr. - Anticipatory bail - Applicants apprehending arrest in Crime No. 182 of 2025, P.S. Hivarkhed, District Buldhana, for offences punishable under Sections 108, 3(5), 351(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 - Husband of the first informant (Sangita Rathod) committed suicide; complaint lodged on 08.08.2025 after the wife of the deceased received the video recording in the mobile of the deceased, in which the deceased stated that due to torture from these applicants he had committed suicide; accused are father, mother and step brother of the deceased - Defence relied on delay in lodging the FIR and on the gift deed executed by the father (accused No.1) in favour of his son after the death - Learned APP sought custodial interrogation - Held: considering the contents of the video recording and the execution of the gift deed in favour of the son of the deceased after the death, no prima facie case is made out against the applicants to keep them in jail during trial - Ad-interim anticipatory bail order dated 08.09.2025 confirmed on the same terms and conditions - Applicants to attend the concerned police station as and when called by the investigating officer - Application allowed and disposed of.

2025:BHC-NAG:9923

1 / 3 9-aba 667-25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

CRIMINAL APPLICATION(ABA) NO. 667 OF 2025

Ashok Shivdas Rathod and anr Vs. State of Maharashtra and anr.

Office notes, Office Memoranda of

Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Mr. Dhruv Sirpurkar h/f Mr. Sangram Sirpurkar, counsel for the applicant.

Mr. Anant Ghogare, APP for the State.

CORAM : MRS. VRUSHALI V. JOSHI, J.

DATE : 29/09/2025

The applicants are apprehending their arrest in Crime No.182 of 2025, for the offences punishable under Sections 108, 3(5), 351(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 registered at Police Station Hivarkhed District Buldhana.

The husband of the first informant has committed suicide on 08.08.2025. It is alleged that because of mental and physical torture of the accused persons, he had committed suicide on 17.06.2025 and the complaint is lodged on 08.08.2025. After receiving the video recording in the mobile of the deceased, the wife of the deceased has lodged the complaint.

The learned counsel appearing for the applicants has stated that the applicant is step mother of the deceased. After the death

Kavita

2 / 3 9-aba 667-25

of the deceased, the accused No.1 i.e. father of the deceased has executed the gift deed in favour of his son. As the first informant was asking for more amount and it was not possible for them, the crime is registered against all the accused persons who are father, mother and step brother of the deceased.

The learned counsel appearing for the applicants has stated that there is delay in lodging the FIR. If there would be any harassment or ill treatment to the deceased, she would have lodged the complaint against the family members at the earlier stage, but nothing is there, no offence is registered till lodging of FIR. Hence prayed to confirm the earlier protection granted by this Court.

Learned APP opposed the application stating that on receipt of video recording, the complaint is lodged. Because of the harassment, the deceased has committed suicide and therefore custodial interrogation of these applicants, is necessary. Hence, prayed to reject the application.

Heard the learned counsel appearing for the applicants and the learned APP.

On going through the statement of Sangita Rathod, the informant, it appears that she has mentioned the contents in the video clip. It reveals that he has stated in the said recording that his father has not done anything for him and due to torture from these applicants, he has committed suicide. Considering the

Kavita

contents in the video recording, and as after the death, gift deed is executed in favour of the son of the deceased, no prima facie case is made out against the applicants to keep them in jail during trial. Hence interim protection granted earlier is confirmed on the same terms and conditions.

Hence, the following order-

i] The application is allowed.

ii] The order dated 08.09.2025 granting ad-interim anticipatory bail is confirmed.

iii] The applicants shall attend the concerned police station as and when called by the investigating officer.

iv] The application stands disposed of.

JUDGE

Kavita