High Court · 2025
Legal Reasoning
ABA-962-2025+-1-IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADANTICIPATORY BAIL APPLICATION NO. 1167 OF 2025Natwar Jujarya Pawara… ApplicantVersusThe State of Maharashtra and another… RespondentsWITHANTICIPATORY BAIL APPLICATION NO. 962 OF 2025Mina Natwar Pawara… ApplicantVersusThe State of Maharashtra and another… RespondentsWITHANTICIPATORY BAIL APPLICATION NO. 1168 OF 2025Anil Natwar Pawara… Applicant VersusThe State of Maharashtra and another… Respondents……Shri Avinash N. Barhate Patil, Advocate for the Applicants.Shri S. B. Narwade, APP for the Respondents/State.……CORAM :ABHAY S. WAGHWASE, J.RESERVED ON :22 AUGUST 2025PRONOUNCED ON :26 AUGUST 2025 ORDER : 1.All three applicants, who are parents and son,apprehending arrest in Crime No.78 of 2025 registered withDhadgaon Police Station, District Nandurbar, for offence punishableunder sections 64(1), 64(2)(f), 64(2)(m), 127(4), 142, 351(2),
Legal Reasoning
ABA-962-2025+-2-351(3), 137(2) and 3(5) of Bharatiya Nyaya Sanhita, have pressedinto service present applications for pre-arrest bail.2.Learned counsel for each of the applicant would point outthat, applicant in ABA No.962 of 2025 is mother, who works asAnganwadi Sevika, applicant in ABA No.1167 of 225 is father and heworks as a teacher and they both are thus parents of applicant inABA No.1168 of 2025. He pointed out that, false report has beenlodged by informant a major girl, who is 20 years of age and was inlove relations with applicant of ABA No.1168 of 2025, namely Anil.That, there was long acquaintance. He pointed out that, allegationsare that, on the night of 04.04.2025, in all 12 persons includingabove applicants took away informant from her house and there areallegations of threat to kill. Learned counsel pointed out that, allallegations are false, baseless and afterthought by the informant atthe instance of her brother and family members. That, informant hadtravelled long distance from her house to S.T. stand, Shahada andfrom there to Sambhajinagar, but according to him, at no point oftime, even when there was no threat and in spite of traveling inpublic transport, did not raise hue and cry. That, she stayed withapplicant Anil from morning of 05.04.2025 till 14.05.2025 i.e. morethan a month. Her stay was as per her wish. Even at Sambhajinagar,she alleged that, applicant used to go out for work, but she did not ABA-962-2025+-3-report to anyone about forcibly being brought or detained.Subsequently, on 16.05.2025, above false report has been lodged thattoo at the instance of family members. Learned counsel took thiscourt through the photographs as well as whats app chats, which arealleged to be informant and applicant Anil. 3.Learned counsel further emphasized that parents andrelatives are falsely named with intention of roping entire familymembers. He pointed out that, both parents are in Governmentservice. That, if they are apprehended, it is his submission that itwould adversely affect their services. On the contrary, they beingGovernment service, they both would co-operate with theinvestigating machinery and for above reasons, anticipatory bail isurged for. 4.Learned APP strongly opposed on the ground that seriousallegations are levelled. That, the informant girl is kidnapped fromher house by issuing threats, when she had been to ease herself. That,after threatening to harm her and her family members at knife point,she is brought to the bus stand by 12 persons including presentapplicants. That, the girl was alone and helpless. According to him,she succumbed to the pressure and threat. He would submit that girlhas defined clear role of each of the applicant. Applicant Anil had ABA-962-2025+-4-sexually ravished by use of knife. He pointed out that, there isstatement of victim under section 164 of Cr.P.C. apart fromstatements of friend of informant. That, vehicle and knife is yet to beseized. Therefore, for thorough and effective investigation, learnedAPP has opposed the anticipatory bail application.5.Perused the FIR. As pointed out, informant seems to be20 years old age girl. Substance of the FIR is that, applicant of ABANo. 1167 of 2025 is her cousin uncle. His son, who happens to be hercousin, namely Anil used to visit their house. She reported that, on04.04.2025, around 2:00 p.m., when she went to ease herself outsidethe house, it is alleged that, applicant of ABA No. 962 of 2025 andABA No. 1167 of 2025, namely Mina and Natwar tied handkerchiefto her face and she was taken towards a Bolero vehicle, which wasoccupied by other accused including Anil and she was broughttowards S.T. Stand, Shadada and there it is alleged that, after issuingthreats to kill to her family, she was forced to accompany applicantAnil, who is said to be 21 years of age. On the way, in the journeywhen she tried to talk to a lady fellow passenger, again applicant Anilthreatened her and she was brought to Sambhajinagar and kept in aroom. She has alleged that, he used to lock her in the room, go outand used to have sexual relations against her wish at knife point.She has given duration of their stay at such room in Mukundwadi ABA-962-2025+-5-from 04.04.2025 to 14.05.2025 i.e. till the day during which, takingadvantage of sleeping condition of Anil, she managed to approach herold friend and to whom she allegedly requested to inform her brotherand they came and finally she lodged above report against 12persons. 6.Learned counsel for applicants pointed out that there islong acquaintance and long standing love relations. Copies ofphotographs as well as whats app exchange are also placed on record.Prima facie, documents show that there is whats app exchange sincethe night of 04.04.2025. As stated above, girl is major. As pointedout, there does not seem to be hue and cry since bus journey fromShahada to Sambhajinagar, except there to be allegation of pointingknife by applicant Anil to not to talk to others. Duration of stay atroom in Mukundwadi is from 05.04.2025 to 14.05.2025. Admittedly,said area is thickly populated locality. Even if there are allegations ofbeing detained and locked from outside, when applicant Anil left theroom, no effort seems to have been made to raise hue and cry. Whenshe had opportunity to get in touch with her old friend, namelyAshwini, who allegedly resided her neighborhood, she did not flee andrather waited for arrival of her family member to the said room. 7.Learned counsel for applicants has placed on record ABA-962-2025+-6-photocopies of employment of Mina and Natwar, who are Anil’sparents. 8.In the light of above discussion, recovery of vehicle andother articles, which are said to be required by investigating agency,can also be carried out by securing presence of applicants. 9.Taking above nature of allegations into consideration,this court is inclined to extend the benefit of bail to all applicants.Hence, the following order is passed :- ORDER(i)All three Anticipatory Bail Applications are allowed.(ii)In the event of arrest of applicants, namely (I) NatwarJujarya Pawara, (ii) Mina Natwar Pawara and (iii) AnilNatwar Pawara, in connection with Crime No.78 of 2025registered with Dhadgaon Police Station, DistrictNandurbar, for offence punishable under sections 64(1),64(2)(f), 64(2)(m), 127(4), 142, 351(2), 351(3), 137(2)and 3(5) of Bharatiya Nyaya Sanhita, they shall bereleased on executing P.B. and S.B. of Rs.20,000/- eachwith one surety each in the like amount.(iii)The applicants shall attend the concerned police station asand when called by the Investigating Officer and shall co-operate in the investigation. ABA-962-2025+-7-(iv)The applicants shall furnish details of residential addressand other contact details such as the mobile number etc. tothe concerned police station. If there is any change in thecontact details, the same shall be immediately informed tothe concerned police station.(v) Applicants shall not contact and/or influence thewitness/es and/or tamper with the evidence in any mannerwhatsoever. (ABHAY S. WAGHWASE, J.) Tandale