BAPUSAHEB FAKIRRAO DESHMUKH AND ANR v. STATE OF MAHARASHTRA
ABA/2175/2026 · 2026-08-24
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 3632 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3632 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
23 ABA-2175-2026.DOC skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2175 OF 2026 1) Bapusaheb Fakirrao Deshmukh 2) Shilabai Bapusaheb Sonawane (Deshmukh) …Applicants Vs. State of Maharashtra …Respondent Mr. Kuldeep U. Nikam a/w. Om. N. Latpate and Samadhan Ghumare, for the Applicants. Mr. Mayur Sonavane, APP for the Respondent-State. PC Sonawane, Yeola Taluka Police Station, Nashik Rural.
CORAM:
MADHAV J. JAMDAR, J.
DATE :
24th AUGUST, 2026 P. C.:
1. Heard Mr Nikam, learned counsel appearing for the Applicants and Mr. Sonavane, learned APP appearing for the State.
2. By this application filed under Section 482 of Bharati Nagarik Suraksha Sanhita, 2023, the Applicant is seeking pre- arrest bail in connection with C.R. No. 167 of 2026 registered with Yeola Taluka Police Station, Nashik Rural for the offences punishable under Sections 109(1), 85, 115(2), 352, 351(2) and 351(3) of the Bharati Nagarik Suraksha Sanhita, 2023. 24th August, 2026
23 ABA-2175-2026.DOC skt
3. The prosecution case is set out in Paragraph No. 6 of the
order dated 20th July, 2026 passed by learned Additional Sessions Judge, Yeola in Criminal Bail Application No. 104 of 2026. The said Paragraph No. 6 reads as under :-
“6. Along with application Exh. 3, copy of FIR in Crime No. 167 of 2026 of Yeola Taluka Police Station is filed. It shows that the informant Lina Kiran Deshmukh gave report against her husband and in-laws, that after marriage, she learnt that her husband is having extra marital affair with other lady. She asked her husband not to maintain such relationship, but her husband and other in-laws have cause harassment to her. They were abusing her, they were not giving food to her, they were beating her. Even she made complaint to the person who has arranged her marriage, but that person has not listen her. He also abused her. Her in-laws were giving some substance in her food, water to her, after preferring water, after eating food she suffered giddiness, she was not understanding anything. In this way, they caused harassment to her. On 18/03/2026 at 24th August, 2026
23 ABA-2175-2026.DOC skt 11.00 p.m. informant was sleeping in her room, at that time her husband, father-in-law, mother-in-law all went there in her room. Her father-in-law, mother-in-law caught hold her hand, her husband closed her nose by hand and by the bottle in his other hand he pour white coloured water in her mouth forcibly. She consumed white coloured water, thereafter, she feel. giddiness and became unconscious. She do not know what has happened lateron. She gain her consciousness in Sahyadri hospital, Nashik on 16/04/2026. On the same day, she gave report against her husband and in-laws. On her report Crime No. 167/2026 under Sec. 109(1), 85, 351(2), 351(3) is registered in Yeola City Police station.”
4. The First Informant is the wife of the Accused No. 1 and the daughter-in-law of the present Applicants, i.e., Accused Nos. 2 and
3. As per the prosecution case, on 18th March, 2026, at about 11:00 P.M., The First Informant’s in-laws, i.e., Applicants caught her hand and Accused No. 1 pressed her nose with one hand and forced her to consume white colour water from the bottle by 24th August, 2026
23 ABA-2175-2026.DOC skt putting the same forcibly in her moth.
It is required to be noted that this incident took place at 11:00 P.M. on 18th March, 2026. The victim in a very serious condition was admitted in Shree Janardan Swami Hospital, Kokamthan, Taluka Kopargaon, Dist. Ahmednagar on 19th March, 2026 at 9:18 A.M. She was put on ventilator support for two days and since there was no progress, she was shifted by the parents and other relatives on 22nd March, 2026 at Sahyadri Multispeciality Hospital, Nashik. 5. It is required to be noted that material on record shows that although the incident took place on 18th March, 2026 at 11:00 P.M., the parent of the victim were informed only on 19th March, 2026 at 8:00 A.M. The in-laws were also present on 19th March, 2026 in the hospital. In fact, the health condition of the victim was so serious that she was admitted at Sahyadri Multispeciality Hospital, Nashik from 22nd March, 2026 till 14th April, 2026 and thereafter F.I.R. has been lodged 17th April, 2026. The material on record prima facie shows the involvement of the Applicants in a very serious crime. In fact, this is a case where an attempt has been made to commit murder of the victim but the victim survived only because of the extensive medical treatment. The offence is very 24th August, 2026
23 ABA-2175-2026.DOC skt serious. Both the Applicants actively participated in committing the crime. 6. The Anticipatory Bail Application is dismissed. [MADHAV J. JAMDAR, J.] 24th August, 2026