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2026 DAILYLAW 2089 (BOM)

AMOL S/O AJABRAO IKHARE v. STATE OF MAHARASHTRA THR PSO, PS HIWARKHED, TQ. TELHARA DIST. AKOLA

ABA/691/2026 · 2026-08-19

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Judgment text

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1 18-Cr.ABA-691-2026 - Corrected IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [A.B.A.] NO. 691 OF 2026 Amol S/o Ajabrao Ikhare -- VERSUS -- State of Maharashtra __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr. H.V. Dhage, Advocate for the Applicant. Ms. S.N. Thakur, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : AUGUST 19, 2026. Heard. 2. Apprehending arrest, the applicant has approached this Court in connection with Crime No.358/2026 for the offences punishable under Sections 74, 329(4) and 351(1) of the Bharatiya Nyaya Sanhita, 2023, registered with Police Station Hiwarkhed, District Akola. 3. The informant stated that on 20/06/2026, the accused came to her matrimonial home and allegedly attempted to take her along with him against her wishes. When her family members intervened, he allegedly abused them and issued threats. The informant thereafter lodged the report. Piyush Mahajan 2026:BHC-NAG:10937 2 18-Cr.ABA-691-2026 - Corrected 4. The learned counsel for the applicant submits that the allegations against the applicant are imaginary. Even presuming the allegations are true, there is no overt act on the part of the applicant, except holding the hand and pulling the victim. He further submits that the maximum punishment provided is below five years. The victim is a major, and the victim and the applicant know each other. Considering the nature of the allegations, the applicant deserves to be granted protection. 5. On the other hand, the learned A.P.P. invited my attention to various statements regarding the incident, wherein the applicant held the hand and pulled the victim from the house. It is the matrimonial house of the victim. Though the victim and the applicant were knowing each other, the applicant entered the house of the victim and outraged her modesty by holding her hand. Under such circumstances, since the offence is serious in nature, she submits that, the applicant does not deserve to be granted bail. 6. I have considered the rival submissions. Prima facie, it appears from the allegations in the F.I.R. and from the various statements it can be culled out that the applicant held the hand of the victim while she was in her matrimonial house. It was the day of the Satyanarayan programme. On that day, the applicant went to the matrimonial house of the victim, held her hand and stated that he is ready to marry her and she should have Piyush Mahajan 3 18-Cr.ABA-691-2026 - Corrected informed him about the marriage earlier. Accordingly, he tried to pull the victim. Considering the nature of the allegations and the fact that the punishment provided is up to five years, I am of the considered opinion that no custodial interrogation is required. The following order is passed:- O R D E R (i) The Criminal Application is allowed and disposed of; (ii) In the event of arrest of applicant (Amol S/o Ajabrao Ikhare) in connection with Crime No.358/2026 for the offences punishable under Sections 74, 329(4) and 351(1) of the Bharatiya Nyaya Sanhita, 2023, registered with Police Station Hiwarkhed, District Akola, be released on anticipatory bail on furnishing a P.R. bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount. (iii) The applicant shall attend the concerned Police Station as and when directed by the Investigating Officer and shall cooperate with the Investigating Agency. (iv) The applicant shall not tamper with the prosecution evidence or threaten the prosecution witnesses. (M.M. NERLIKAR, J.) Piyush Mahajan Corrected as per Court’s order dated 21/08/2026. Removed the word “ad-interim” Signed by: Piyush Ramesh Mahajan Designation: PA To Honourable Judge Date: 21/08/2026 18:19:06