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Bombay High Court

SEEMA BABRUWAN RATHOD AND OTHERSversusTHE STATE OF MAHARASHTRA

Disposal
APPLICATION ALLOWED

Holding

The court granted anticipatory bail, confirming the interim relief previously ordered.

Summary

The applicants, Seema Babruwan Rathod and others, applied for anticipatory bail in connection with offences under Sections 109(1), 189(2), 190, 191(2), 351(2), 351(3), 352 and 49 of the Bharatiya Nyaya Sanhita, 2023, arising from an alleged assault on an informant and a witness on 28‑05‑2026. The FIR indicated that the applicants assaulted the informant, who also has a matrimonial dispute with applicant No. 1, raising the possibility of false or over‑implication. The prosecution relied on the informant’s statement and an injury certificate showing only simple injuries. The court noted that the investigation was complete, there was no need for custodial interrogation, and the circumstances suggested a risk of false implication. Consequently, the court affirmed the interim relief granted on 22‑06‑2026, allowing the anticipatory bail application.

Issues considered

  • Whether anticipatory bail should be granted to the applicants despite the seriousness of the offences alleged under the Bharatiya Nyaya Sanhita, 2023.
  • Whether the matrimonial dispute and the nature of the injuries create a reasonable doubt of false or over‑implication warranting bail.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • matrimonial dispute
  • injury certificate
  • Bharatiya Nyaya Sanhita
  • sections 109, 189, 190, 191, 351, 352, 49

Judgment

2026:BHC-AUG:43468




                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                 ANTICIPATORY BAIL APPLICATION NO. 1013 OF 2026

                             Seema Babruwan Rathod And Others
                                         VERSUS
                                 The State Of Maharashtra

           Mr. S. K. Chavan, Advocate for applicants
           Mr. N. R. Dayama, APP for respondent-State

                                               CORAM : R. M. JOSHI, J.
                                               DATE      : 24th SEPTEMBER, 2026

           PER COURT :-


           1.          Applicants seek pre-arrest bail in connection with Crime No.

           0205 of 2026 registered with Sonpeth Police Station, Dist. Parbhani, for

           the offences punishable under Sections 109(1), 189(2), 190, 191(2),

           351(2), 351(3), 352, 49 of the Bharatiya Nyaya Sanhita, 2023.


           2.          First Information Report indicates that an incident has

           occurred on 28.05.2026 in which the present applicants and co-accused

           said to have been assaulted the informant and witness.


           3.          Learned Counsel for the applicants submits that there are

           disputes between the informant and applicant No. 1 and hence,

           possibility of false/over implication is not ruled out. It is his submission

           that now charge sheet has been filed and having regard to the nature of




           1002-ABA-1013-2026.odt                                                 1 of 2
injuries allegedly caused to the informant and witness, this is a fit case

to confirm interim relief.


4.            Learned APP opposed grant of any relief to the applicants by

referring to the statement of informant as well as witness. He also placed

reliance on the injury certificate indicating causing of injury to the

witness.


5.            Prima facie perusal of the record indicates that there are

matrimonial disputes between informant and applicant No. 1 and as

such, possibility for over implication exists. Perusal of the injury

certificate shows that one single simple injury was caused to both

informant and witness. Since the investigation is over, there is no reason

to seek custodial interrogation of the applicants. There is nothing on

record to show that applicants abused their liberty while their liberty was

protected by order dated 22.06.2026.


6.            Hence, application stands allowed in terms of interim relief

granted by order dated 22.06.2026.



                                                     (R. M. JOSHI, J.)

B. S. Joshi




1002-ABA-1013-2026.odt                                                2 of 2


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