APPASAHEB BAPURAO KALE v. THE STATE OF MAHARASHTRA AND ANOTHER
ABA/2192/2025 · 2026-09-08
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[ 2025 DAILYLAW 4502 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4502 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
999-ABA-2192-2025.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 999 ANTICIPATORY BAIL APPLICATION NO. 2192 OF 2025 Appasaheb Bapurao Kale VERSUS The State Of Maharashtra And Another WITH ANTICIPATORY BAIL APPLICATION NO. 2270 OF 2025
1. Balu Appasaheb Kale
2. Aajinath Bapurao Kale
3. Sham @ Shamraje Ajinath Kale VERSUS The State Of Maharashtra And Another Mr. S. E. Shekade, Advocate for Applicants Mr. S. P. Joshi, APP for Respondents/State
CORAM :R.M. JOSHI, J DATE :SEPTEMBER 08, 2026 P. C. :
1. Applicants apprehend arrest in connection with C.R. No. 529/2025 registered with Police Station Ashti, District Beed for the offences punishable under Sections 70(1) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
2. In first information report it si alleged against Applicants that Applicants have committed rape on the informant/victim.
3.
Learned Counsel for the Applicants submits that informant is in habit of lodging first information reports alleging similar allegations against various persons. He has referred offences registered vide Crime Nos. 2026:BHC-AUG:41531
999-ABA-2192-2025.odt 368/2022, 292/2021, 15/2024, 16/2025 and 105/2023 with Ashti Police Station. He also made reference to agreement dated 14.08.2025 between informant and wife of the Applicant. It is his contention that having regard to these facts, there is no substance in the allegations.
4. Learned APP opposed applications by pointing out allegations against Applicants in the first information report.
5. On prima facie perusal of the record, this Court finds substance in the contention of learned Counsel for the Applicants that the Informant is in habit of lodging similar reports. The agreement entered into between the informant and her daughter further supports the said submissions. Applicants are protected by order dated 17.12.2025 & 23.12.2025 and were
directed to appear before investigating officer on every Saturday between 12.00 noon and 02.00 pm. There is no grievance made by the prosecution with regard to non-cooperation of the Applicants in the investigation. This Court, therefore, finds no justification not to confirm the interim relief. In view of this, Applications stand allowed by confirming interim orders dated 17.12.2025 & 23.12.2025 except clause ‘A’.
(R. M. JOSHI, J.) Malani