Bombay High Court
Usha Somnath Gholap vs The State Of Maharashtra on 1 October, 2018
Author: V.K. Jadhav
Bench: V.K. Jadhav
1 ABA 1004.2018.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO. 1004 OF 2018
USHA SOMNATH GHOLAP
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant : Mr. Dhorde Vikram R
APP for Respondents: Mr. P K Lakhotiya
...
CORAM : V.K. JADHAV, J.
Dated: October 01, 2018
...
PER COURT :-
1. The applicant is seeking pre-arrest bail in
connection with crime No.I-114 of 2018 registered with
Shirdi police station, District Ahmednagar for the
offences punishable under Sections 143, 147, 323, 307
of I.P.C. His application bearing Cri.M.A. No.206/2018
with similar prayer came to be rejected by the learned
Additional Sessions Judge, Kopargaon, by order dated
20.8.2018.
2. Learned counsel for the applicant submits that
applicant is the maternal aunt of the informant and,
though, the incident alleged to have been taken place on
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22.5.2018 at about 05.30 p.m., crime came to be
registered on 11.6.2018. Learned counsel submits that,
it has been alleged in the complaint that present
applicant caught hold hand/legs of the victim and
thereafter co-accused Janabai has administered the
'Toilet Cleaner Harpic'. Learned counsel submits that
as alleged in the complaint, co-accused Janabai was
insisting the informant for marriage with her son and on
her refusal allegedly administered the poison to her.
Learned counsel submits that, allegations as it is
appears to be very strange. On 22.5.2018 when victim
was taken to 'Pravara Hospital,' history of consumption
of 'Toilet Cleaner Harpic' was given by her sister Rekha,
who was present during the course of the said incident
and not administration of the 'Toilet Cleaner Harpic'.
Even, in the MLC intimation given to the police station,
sub inspector of Police Station, Loni by the concerned
Hospital, history of consumption of compound poison
'Toilet Cleaner Harpic' has been mentioned. Learned
counsel submits that, in all probabilities if the victim
was forced to marry with the son of co-accused Janabai
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and if she was not ready for the same, the victim may
consume poison in order to protest the said attempt,
but, it is very unlikely on the part of the applicant to
administer her poison because she was saying no to
said proposal. Learned counsel submits that,
considering the character of the allegations and
antecedents of the applicant, she may be granted
anticipatory bail.
3. Learned A.P.P. has strongly resisted the
application on the ground that, name of the present
applicant has been mentioned in the FIR with the
specific role ascribed to her. There is no delay in
lodging the complaint. On 24.5.2018 statement of the
victim was recorded in the hospital itself and after
inquiry, crime came to be registered on 11.6.2018.
Learned counsel submits that, the victim, applicant and
other co-accused persons are closely related.
Allegations are severe in nature and the applicant and
co-accused persons tried to administer the toilet cleaner
harpic to the victim when she ran away from the house
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after saying no to their proposal of marriage. Learned
APP submits that the applicant and co-accused persons
chased the victim, extended her beating and thereafter
administered the toilet cleaner harpic, forcibly. The
custodial interrogation of the present applicant is
required.
4. On careful perusal of the investigation papers and
after going through the allegations made in the
complaint, it appears that, informant, the applicant and
other co-accused persons are closely related with each
other. There was a proposal of marriage of victim with
the son of co-accused Janabai, who is the aunt of the
informant and when the victim said no to the said
proposal, it has been alleged that aforesaid incident has
taken place. It further appears that, charge sheet has
been submitted against co-accused Somnath and
Avinash and they are on bail after arrest. It appears
that, the applicant is the maternal aunt. It further
appears that intimation has been given to the concerned
police station by the hospital authorities wherein the
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5 ABA 1004.2018.odt
history is communicated as consuming of toilet cleaner
harpic and even in the department of the Medicine of
the said hospital, history to the effect of consuming of
toilet cleaner harpic has been recorded. In the
Department of the Medicine of the said hospital,
reference has been given to the name of the real sister of
the informant namely Rekha, who has given said
history. Thus, considering the character of the
allegations and close relations and the fact that the
applicant is a woman and her antecedents are clear, I
am inclined to grant pre-arrest bail to her. In the given
set of allegations, custodial interrogation of the
applicant is not required since nothing remained to be
seized and charge sheet has been submitted against
some of the accused persons. In view of the above, I am
inclined to grant pre-arrest bail to applicant. Hence the
following order :-
O R D E R
I. Application is hereby allowed.
II. In the event of arrest of applicant-Usha Somnath Gholap, in connection with Crime No.I-114/2018 aaa/-
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a) The applicant shall not tamper with the prosecution evidence in any manner.
b) The applicant shall attend the concerned Police Station as and when required by the Investigation officer.
III. Application is disposed of.
( V. K. JADHAV, J.) ...
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