Baban S/O Mukinda Gore and Others. vs the State of Maharashtra Thr Pso Ps Washim Rural Tq and Dist Washim — Bombay HC (2025) — LawSathi Research

Baban S/O Mukinda Gore and Others. vs the State of Maharashtra Thr Pso Ps Washim Rural Tq and Dist Washim — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Ad interim anticipatory bail: in the event of arrest in Crime No.226/2025, the applicants to be released on a P.R. Bond of Rs.25,000 each with one surety in the like amount, subject to conditions (non-tampering with prosecution evidence, no pressurizing/threatening of witnesses, attendance at the concerned police station when called, and co-operation with the Investigating Officer); protection to remain in force till the next hearing on 7.1.2026.

Issue for consideration

Whether the applicants, family members of accused No.1 who apprehend arrest in Crime No.226/2025 (offences under Sections 209, 302, 34, 380, 420, 468 and 469 IPC), are entitled to ad interim anticipatory bail/protection from arrest.

Court's answer

No allegations are made against the applicants (who are family members of accused No.1); specific allegations are made only against accused No.1, who is not an applicant before this Court.

Ratio / Principle

A case is made out to protect the applicants by granting ad interim anticipatory bail.

Key takeaways

In the event of arrest of the applicants in connection with Crime No.226/2025 (IPC Ss.209, 302, 34, 380, 420, 468, 469), they shall be released on bail on furnishing a P.R. Bond of Rs.25,000 each with one surety in the like amount, subject to conditions: not to tamper with prosecution evidence, not to pressurize or threaten prosecution witnesses, to attend the concerned police station as and when called by the Investigating Officer, and to co-operate with the Investigating Officer; the matter stands over to 7.1.2026.ratio¶5(i)
The protection (ad interim anticipatory bail) shall remain in force till the next date of hearing.ratio¶6

Detailed headnote1 paragraphs

Bombay High Court (Nagpur Bench), Criminal Application (ABA) No.958/2025, decided on 19.12.2025 by Mrs. Vrushali V. Joshi, J. — ad interim anticipatory bail granted. The applicants (Baban s/o Mukinda Gore, Nanda w/o Baban Gore, Sandeep s/o Deorao Idhole and Asha w/o Sandeep Idhole), family members of accused No.1 (caretaker of the deceased Dnyanoba, who died on 2.7.2023), apprehended arrest in Crime No.226/2025, P.S. Washim (Rural), registered for offences under Sections 209, 302, 34, 380, 420, 468 and 469 IPC on a Section 156(3) CrPC complaint by the deceased's nephew, alleging that accused No.1 administered an excessive dose of drowsiness medicine, refused postmortem and hurriedly cremated the body, and murdered the deceased to grab his property. Finding no allegations against the applicants and specific allegations only against accused No.1, who was not an applicant, the Court directed release on a P.R. Bond of Rs.25,000 each with one surety in the like amount upon arrest, imposed standard conditions (no tampering with evidence, no threatening witnesses, attendance at and co-operation with the Investigating Officer), and extended protection until the next hearing on 7.1.2026.

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

CRIMINAL APPLICATION (ABA) NO.958/2025

(Baban S/o Mukinda Gore and others Vs. State of Maharashtra, through its Police Station Officer, Police Station Washim (Rural), Tq. and Distt. Washim)

- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. V.R. Deshpande, Advocate for the applicants. Mr. V.A. Thakare, A.P.P. for non-applicant/State.

CORAM: MRS.VRUSHALI V. JOSHI, J. DATED: 19.12.2025.

The applicants are apprehending arrest in Crime No.226/2025 for the offence punishable under Sections 209, 302, 34, 380, 420, 468 and 469 of the Indian Penal Code.

The applicants are the family members of accused No.1. Accused No.1 was the Caretaker of deceased Dnyanoba. He died on 2.7.2023 and thereafter the complainant who is the nephew of the deceased has lodged the complaint. The police have not taken cognizance and, therefore, the complaint under Section 156(3) of the Code of Criminal Procedure was filed by the complainant and the crime is registered on the order passed by the Magistrate against these applicants along with accused No.1.

It is alleged that when the complainant went to Pandharpur, accused No.1 had given the medicine of drowsiness in excess and thereafter said Dnyanoba died. The cremation was performed. The complainant asked the accused No.1 to perform the postmortem but

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aba958.2025.odt

he denied and hurriedly cremated the deceased. Therefore, he had suspicion that the accused No.1 for grabbing the property of the deceased had committed his murder and on the complaint lodged by the complainant the Magistrate has taken cognizance and the crime is registered.

Learned Advocate for the applicant has stated that the accused No.1 was taking care of the deceased. The complainant is the legal heir of deceased. When he came to know about the sale-deed he has lodged the complaint.

Considering the allegations made against these applicants who are the family members of accused No.1, no allegations are made against these applicants and specific allegations are made against accused No.1 who is not applicant in this matter, case is made out to protect the applicants by granting ad interim anticipatory bail.

i) It is directed that in the event of arrest of the applicants - Baban S/o Mukinda Gore, Nanda W/o Baban Gore, Sandeep S/o Deorao Idhole and Asha W/o Sandeep Idhole, in connection with Crime No.226/2025 for the offence punishable under Sections 209, 302, 34, 380, 420, 468 and 469 of the Indian Penal Code, the applicants shall be released on bail on furnishing P.R. Bond in the sum of Rupees Twenty Five Thousand each with one surety in the like amount.

ii) The applicants shall not in any way tamper with the prosecution evidence.

iii) The applicants shall not pressurize or threaten the prosecution witnesses.

iv) The applicants shall attend the concerned police station as and when called by the Investigating Officer.

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v) The applicants shall co-operate with the Investigating Officer. Stand over to 7.1.2026.

This protection shall remain in force till next date of hearing.

(MRS.VRUSHALI V.JOSHI, J.)

Tambaskar.

Signed by: MR. N.V. TAMBASKAR Designation: PS To Honourable Judge Date: 22/12/2025 16:47:23