Bench of Justice Rohit Baban Deo has anticipatory bail to Sandip Vasanta Washimkar R/o Dhopargaon, Khamgaon Buldhana.
He was apprehending arrest for the alleged offence punishable under Section 306, 294 r/w Section 34 of the Indian Penal Code registered with Police Station, Pipalgaon Raja vide crime no. 1/2021.
It is the case of prosecution that, complainant Arun Samadhan Nimbolkar has lodged the report that, Sandip and his wife Rupali are his neighbors and Sandip used to harass deceased Manisha Nimbolkar by making phone calls to her and therefore complainant had given understanding to applicant. On 13-12-2020, while complainant was at his workplace, complainant has received phone call of one Gopal Tangle requesting complainant to immediately come to hospital.
That, therefore complainant along with one Bandu Mankar went to Government Hospital, Khamgaon only to find that, his wife was on bed and medicines were being administered to her. On enquiry deceased infomeed him that, applicant had entered into her house and behind him, Rupali Washimkar also came and abused complainant that, she is having illicit relation with applicant and as she felt insulted, she consumed rat poison. That, on 17-12-2020, during treatment Manisha Nimbolkar died and her funeral was conducted on 1-01-2021.
It was submitted that, even admitting the allegations to be true, same does not disclose that, there was any abetment at the hands of Sandip compelling the deceased to commit suicide.
It was also submitted that, there is delay of 18 days in lodgment of FIR which is sufficient to point out towards falsity of FIR.
Adv Mir Nagman Ali, Adv Prashant Pote, Adv Akhtar Ansari, Adv Anwar Ali appears for applicant.