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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