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Bombay High Court

Vanmala W/O Raghunath Wankhede vs The State Of Maharashtra, Thr.Pso, ... on 19 August, 2025

                                                        1                        913ba938.2025.odt

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           NAGPUR BENCH : NAGPUR
                      CRIMINAL APPLICATION (BA) NO. 938 OF 2025
                    Vanmala w/o Raghunath Wankhede Vs State of Maharashtra

      Office Notes, Office Memoranda of               Court's or Judge's Order
      Coram, appearances, Court's Orders
      or directions and Registrar's order
      Mr. S.V. Sirpurkar, counsel for applicant.
      Mr. Anant Ghogare, APP for non-applicant/State,


                                              CORAM : URMILA JOSHI-PHALKE, J.
                                              DATED : 19/08/2025.

                                 1.           The applicant came to be arrested on
                                 18/07/2025 in connection with Crime No. 248 of 2025
                                 registered with Police Station Civil Lines, Tq. and
                                 District Akola for the offence punishable under Sections
                                 189(2), 190, 191(2), 191(3), 115(2), 118(1), 118(2),
                                 109, 125, 352 of the Bhartiya Nyaya Sanhita, 2023, the
                                 applicant approached this court for grant of bail.

                                 2.           By this application, the applicant is seeking
                                 interim bail as the applicant was initially admitted to
                                 the hospital as she is old aged lady.

                                 3.           Heard learned counsel for the applicant, who
                                 submitted that the similar role as to the applicant
                                 namely - Sujata w/o Prakash Sarkate in Criminal
                                 Application (ABA) No. 612 of 2025 is assigned to the
                                 present applicant. He invited my attention towards the
                                 recitals of the FIR and submitted that only allegation is
                                 that she along with her daughter came on the person of
                                 the informant. Thus, he submitted that the as per the

rkn
                             2                   913ba938.2025.odt

      recitals of the FIR the other co-accused who filed an
      application for anticipatory bail was holding the said
      rafter in her hand. No injuries caused by the present
      applicant, considering she is old aged lady, she can be
      protected by granting ad-interim regular bail.

      4.          The learned APP strongly opposed for the
      same and considering the act of the present applicant is
      along with the other co-accused and therefore, her
      custodial interrogation further required, in view of that,
      prayer for grant of ad-interim protection deserves to be
      rejected.

      5.          On hearing both sides and on perusal of the
      recitals of the FIR, it is observed that only role
      attributed to the present applicant is that she was along
      with her daughter and her daughter was holding rafter
      in her hand. In fact, no injury was caused by them to
      any of the prosecution witness. Considering the
      applicant was admitted into the hospital and was
      treating the same, her prayer for grant of ad-interim
      protection deserves to be allowed. Accordingly, I
      proceed to pass the following order.

                                 ORDER

a] Issue notice to the non-applicant.

b] Learned Additional Public Prosecutor waives service of notice on behalf of non-applicant/State and seeks time to file reply.

rkn 3 913ba938.2025.odt c] In the event of arrest in connection with Crime No. 248 of 2025 registered with Police Station Civil Lines, Tq. and District Akola for the offence punishable under Sections 189(2), 190, 191(2), 191(3), 115(2), 118(1), 118(2), 109, 125, 352 of the Bhartiya Nyaya Sanhita, 2023, the applicant -Vanmala w/o Raghunath Wankhede, shall be released on ad-interim anticipatory bail on executing P.R. Bond of Rs. 25,000/- with one solvent surety in the like amount.

d] The applicant shall attend the concerned police station as and when required for the investigation purpose and shall cooperate with the investigating agency.

e] The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the present case.

f] The applicant shall attend the proceedings before the trial Court without seeking any exemption unless there are exceptional circumstances.

6. Stand over after two weeks.

[URMILA JOSHI-PHALKE, J.] rkn