- 1 - aba983.26.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 936 ANTICIPATORY BAIL APPLICATION NO. 983 OF 2026 Priyanka Sandeep Rathod ….Applicant VERSUS The State of Maharashtra …..Respondent Mr. R. K. Jadhavar, Advocate for Applicant Mr. S. G. Joshi, APP for the State. CORAM : R. M. JOSHI, J. DATE : 2nd JULY, 2026. PER COURT : 1. Applicant seeks pre-arrest bail in connection with Crime No. 203/2026 registered with Pundalik Nagar Police Station, District Chhatrapati Sambhajinagar, for the offence punishable under Section 109(1) of Bharatiya Nyaya Sanhita. 2. First informant is the husband of the Applicant, who claims that in the intervening night of 09.05.2026 and 10.05.2026, quarrel had occurred between them and in order to kill him, the Applicant pushed him from the balcony of second floor. He fell down and sustained fracture injuries to his ribs. On the basis of this, offence came to be registered against the Applicant. - 2 - aba983.26.odt 3. Learned Counsel for the Applicant submits that infact at the time of occurrence of the quarrel, the Applicant had called police to the spot and police personnel came to the spot to verify the fact with regard to the informant himself having jumped from the second floor of the house. Apart from this, it is his submission that the Applicant has lodged NC against the husband in respect of the said incident. He further argues that there is delay in lodging of the report and considering the same, possibility of false implication is not ruled out. 4. Learned APP opposed the application. It is his submission that the statements of witnesses indicate that the Applicant has pushed her husband from the second floor of the house, which is sufficient to show her intention to kill him. 5. At the outset, it needs to be recorded that the statements recorded during the course of investigation are hearsay in nature. The only statement of police constable who responded to the call of the Applicant, indicates that he made enquiry about the incident and from the information given not only by the Applicant but also by the neighbours, he came to know that the informant was drunk and he jumped from the second floor. The said statement of independent - 3 - aba983.26.odt witness is sufficient to hold that there is possibility of false implication of the Applicant in the crime. Applicant has no criminal history behind her. Considering the possibility of false implication owing to the dispute between the husband and wife, liberty of the Applicant deserves to be protected. Hence,the following order :- ORDER (i) In the event of arrest of applicant Priyanka Sandeep Rathod, in connection with Crime No. 203/2026 registered with Pundalik Nagar Police Station, District Chhatrapati Sambhajinagar, for the offence punishable under Section 109(1) of Bharatiya Nyaya Sanhita, she be released on bail on furnishing PR Bond of Rs. 15,000/- (Rs. Fifteen Thousand only) with one surety in the like amount. (ii) She shall attend the concerned police station as and when called by the concerned Investigating Officer. (iii) She shall not contact the witnesses directly or indirectly. (iv) She shall not interfere with the evidence in any manner whatsoever. - 4 - aba983.26.odt (v) She is further directed to cooperate the investigating agency for further investigation. (vi) Learned APP to communicate this order to the concerned Investigating Officer. ( R. M. JOSHI, J.) dyb