920-ABA-1231-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 920 ANTICIPATORY BAIL APPLICATION NO. 1231 OF 2026 Sainath Gangaram Jaripatke Versus The State Of Maharashtra Mr. P. A. Bharat h/f Mr. U. L. Momale, Advocate for Applicant Mr. S. P. Joshi, APP for Respondents/State CORAM :R.M. JOSHI, J DATE :SEPTEMBER 29, 2026 P. C. : 1. Applicant apprehends arrest in connection with C.R. No. 646/2025 registered with Police Station Udgir Rural, District Latur for the offences punishable under Sections 103(1), 85 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The first information report indicates that the victim was married to accused no.1 on 20.06.2020. She used to inform to her parents that accused used to assault her. There is allegation that all accused persons had beaten her and she was killed on on 23.10.2025. 3. Learned Counsel for the Applicant submits that Applicant is the brother-in-law of the deceased and he was staying separately and never shared household with the deceased. According to him, co-accused Somnath, who is another brother-in-law of the deceased, has been granted pre-arrest bail. It is his further submission that role attributed to the present Applicant is exactly same as attributed to against Somnath. He drew 2026:BHC-AUG:44235 920-ABA-1231-2026.odt attention of the Court to the order dated 08.05.2026 passed in Criminal Bail Application No. 53/2026 by Additional Sessions Judge, Udgir. He, therefore, seeks liberty of the Applicant be protected on parity. He further submits that now charge-sheet has been filed on conclusion of investigation and as such, custodial interrogation of the Applicant is not necessary. 4. Learned APP opposed grant of any protection to the Applicant by referring to the allegations against him in the FIR. It is his submission that having regard to the serious nature of crime, this is not the case for grant of any pre-arrest bail. 5. Prima facie perusal of the record including first information report and the statements recording during the course of investigation indicates that the role attributed to the present Applicant is exactly same as against co-accused Somnath. The order passed by the Sessions Court granting pre-arrest bail to the co-accused Somnath records following observations: 7) According to the applicant, he was in Mumbai on 23.10.2025. The statements recorded by the police, which are part of the charge-sheet pending before this Court, do not show that the applicant was present in Udgir at the time of the incident. The victim's maternal uncle did not state that the present applicant/accused was present in the house. It is on record that the accused's brother, Nagnath, took the victim to the hospital. Therefore, the charge-sheet also does not contain sufficient evidence against the present applicant regarding the charge of murder. The victim's husband is in jail. The only allegation against the present 920-ABA-1231-2026.odt applicant is that he, along with other accused, was harassing the victim. Hence, it is proper to grant anticipatory bail to the present accused, subject to conditions, as there is prima facie no evidence to show that he was present at the time of the incident. The investigation officer also has not stated that there is evidence to that effect. 6. Perusal of the charge-sheet and statements recorded by the police indicate that exactly the same evidence is there against the present Applicant. Applicant has no criminal history. Having regard to the facts of the case, there is no impediment in granting same relief to the Applicant on parity. Hence, the order: O R D E R (i) Anticipatory Bail Application is allowed. (ii) In the event of arrest of the Applicant in connection with C.R. No. 646/2025 registered with Police Station Udgir Rural, District Latur for the offences punishable under Sections 103(1), 85 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, he shall be released on bail on furnishing PR bond of Rs. 15,000 (Rupees Fifteen Thousand Only) with one surety in the like amount. (iii) He shall attend the concerned police station on 07.10.2026 and thereafter as and when required on written notice by IO. (iv) He shall not contact the witnesses directly or indirectly. (v) He shall not interfere with the evidence in any manner whatsoever. (vi) He is further directed to cooperate the investigating agency for further investigation. (R. M. JOSHI, J.) Malani