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Bombay High Court

MAROTI ANANDRAO ALIAS BHARAT NALAWADEversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
DISPOSED OFF

Holding

Condition No. V imposed on the applicant is relaxed.

Summary

The applicant, Maroti Anandrao alias Bharat Nalawade, sought relaxation of Condition No. V that barred him from entering Niwgha Bazar village until the victim girl's evidence was recorded. The applicant argued that the victim girl had married and was now residing at her matrimonial home, presenting a marriage invitation as proof, and offered an undertaking not to contact the victim or her family. The State opposed, citing the victim's father's apprehension. The court noted that the original restriction was based on the victim's residence in the village, which no longer applied, and that the applicant's undertaking addressed the expressed apprehension. Consequently, the court found no further need for the restriction and ordered the condition relaxed.

Issues considered

  • Whether a restriction prohibiting the accused from entering a village can be relaxed on account of the victim's marriage and relocation
  • Whether the applicant's undertaking sufficiently addresses the victim family's apprehension

Subjects

  • criminal procedure
  • restriction order
  • change of circumstances
  • victim marriage
  • relaxation of condition
  • protective undertaking

Judgment

2026:BHC-AUG:42081




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                          919 CRIMINAL APPLICATION NO. 3457 OF 2026
                                       IN ABA/518/2026

                           MAROTI ANANDRAO ALIAS BHARAT NALAWADE
                                               VERSUS
                            THE STATE OF MAHARASHTRA AND ANOTHER
                                                  ...
           Mr. Suraj R. Bagal, Advocate for Applicant
           Mr. S. P. Joshi, APP for the Respondent/State

                                                       CORAM : R. M. JOSHI, J.
                                                       DATED     : 11th SEPTEMBER, 2026

           PER COURT :-

           1.    This application is filed seeking relaxation of condition No. V imposed

           by order dated 08.04.2026 passed in ABA No. 518 of 2026, whereby the

           applicant was prohibited from entering village Niwgha Bazar, Taluka

           Hadgaon, District Nanded, till recording of the evidence of the complainant

           girl before the Trial Court.

           2.    Learned Advocate for the applicant submits that there is a change in

           circumstance, as the victim girl has now got married and is residing at her

           matrimonial home, which is not situated at village Niwgha Bazar. In support

           of his submission, he has placed reliance upon a copy of the marriage

           invitation card of the victim girl. On instructions, he makes a statement that

           the applicant shall not directly or indirectly contact the victim girl, her father



           919 APPLN 3457.2026.odt                                                     1 of 2
or any of her relatives in any manner whatsoever and shall not cause any

prejudice to them.

3.    Learned APP opposed the prayer for relaxation of the said condition by

submitting that the statement of the father of the victim girl records an

apprehension against the applicant.

4.    Condition No. V was imposed against the applicant considering the fact

that, at the relevant time, the victim girl was residing at village Niwgha Bazar.

There is now no dispute about the fact that the victim girl has got married and

is residing at her matrimonial home elsewhere. In such circumstances, this

Court finds that there is no further necessity to restrain the applicant from

entering village Niwgha Bazar.

5.    The undertaking given by the applicant takes care of the apprehension

expressed on behalf of the victim girl and her family members. Hence, there is

no impediment in relaxing condition No. V imposed by order dated

08.04.2026 passed in ABA No. 518 of 2026. Accordingly, the said condition

stands relaxed.


                                                      ( R. M. JOSHI, J.)
ssp




919 APPLN 3457.2026.odt                                                    2 of 2


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