946 BA NO. 1593 OF 2025.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 946 BAIL APPLICATION NO. 1593 OF 2025 ANIL SUBHASH GADADE VERSUS THE STATE OF MAHARASHTRA ... Mr. Balasaheb N. Magar, Advocate for Applicant Mr. P. P. Dawalkar, APP for Respondent/State CORAM : SANJAY A. DESHMUKH, J. DATE : 07.10.2025 PER COURT :- 1. Heard. 2. This is an application for grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No.114 of 2025 registered at Jintur Police Station, District Parbhani, for the offences punishable under Sections 296, 333, 326(G), 115, 351(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023. 3. The learned advocate for the applicant pointed out the report in which the informant averred that on 05.03.2025 at about 6:30 p.m., the applicant, who resides in the same vicinity, came to her house in a drunken condition and started abusing her in the filthy language, alleging that why she had filed a false case against him before six to seven months at Jintur Police Station. The applicant also questioned her as to how she had constructed the house on that place and put up tin sheets thereon. The informant protested, stating that the said plot 1 of 5 (( 2 )) 946 BA NO. 1593 OF 2025 belongs to her and also told the applicant to not to use abusive language. However, the applicant assaulted her with kicks and fist blows. Thereafter, the informant went to call her son, Amol Pundge, from the nearby lane (Galli). At that time, the accused entered in her house and poured petrol on the bed and daily use clothes. The fire engulfed the bed, daily used clothes and a cash amount of Rs.6000/- which was kept under the cot. When the informant and others questioned the accused as to why he burnt her house, he threatened them saying that they should vacate the house immediately otherwise he would kill them, and thereafter fled from the spot. Subsequently, the police arrived there with a fire brigades vehicle, but as there was no proper access for the vehicle to reach the spot, they proceeded on foot. By that time, the fire had already been extinguished by the neighbouring residents. 4. The learned advocate for the applicant submitted that the applicant has been falsely implicated in the crime. He has roots in the society. The charge has been filed. The trial will take a long period. Considering the nature of the crime and the fact that the punishment prescribed for the same does not exceed seven years, it is lastly prayed to allow the application. 5. The learned APP for the State strongly opposed the application 2 of 5 (( 3 )) 946 BA NO. 1593 OF 2025 and submitted that the applicant is involved in a serious crime and he is addicted to liquor. He further pointed out that the report had been lodged against the applicant by the daughter-in-law of the informant earlier alleging that the applicant is addicted to liquor and frequently harassed her. On that occasion, he had abused her in filthy language, threatened to kill her husband and damaged the house door and window by striking them with an iron rod, causing loss to the extent of Rs.2,000/-. It is submitted that if the applicant is released on bail, he will certainly pressurize the prosecution witnesses and tamper with the evidence. There is a possibility of the commission of a similar nature of crime again at the hands of the applicant. It is lastly prayed to reject the application. 6. Perused the charge sheet, particularly the report, statements of witnesses, and the earlier report lodged against the applicant. It appears that the applicant is addicted to liquor. As defined under Section 2(1)(f) of the Mental Healthcare Act, such addiction amounts to a mental illness. Prima facie, it appears that the applicant is suffering from mental illness as he is addicted to liquor. Considering the nature of the offences committed under the influence of liquor, this Court, by an order dated 25.09.2025, in Bail Application No.740 of 2025, has already directed the Police, Jail Authorities, and the Courts to send such persons for medical examination by a psychiatrist, and if found addicted to liquor or suffering from mental 3 of 5 (( 4 )) 946 BA NO. 1593 OF 2025 illness, to ensure their continuous treatment at a rehabilitation centre until they are fully recovered. In the present case, the applicant has committed a similar nature of crimes under the influence of liquor. If the applicant is released on bail, there is possibility that he may pressurize the prosecution witnesses, tamper with the evidence and commit similar offences again. Therefore, he is not entitled for bail. 7. Considering the above reasons, the application deserves to be rejected with directions for appropriate treatment of the applicant. The application is rejected. 8. The Superintendent of Jail in which the applicant is lodged is directed to send the applicant for medical examination by a psychiatrist, and if the report is found positive, to ensure continuous treatment until he is fully recovered, in terms of the directions issued by this Court in Bail Application No. 740 of 2025 (supra). 9. After the dictation is over after sometime, the learned advocate for the applicant submitted that the present order was not sought by him and, therefore, prayed for permission to withdraw the application. The said prayer stands rejected as the applicant is prima facie found suffering from mental illness. 10. The Jail Authorities shall file a compliance report before this Court on 16.10.2025. It is clarified that thereafter, the applicant may file a 4 of 5 (( 5 )) 946 BA NO. 1593 OF 2025 fresh application for bail, if the report is found negative i.e., no mental illness is caused to the applicant. [ SANJAY A. DESHMUKH, J. ] HRJadhav 5 of 5