IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 925 ANTICIPATORY BAIL APPLICATION NO. 1609 OF 2026 GIMLIBAI BAMNYA RAUT VERSUS THE STATE OF MAHARASHTRA ... Mr. Gajendra Devichand Jain, Advocate for Applicant Mr. A. R. Kale, APP for the Respondent/State CORAM : R. M. JOSHI, J. DATED : 4th SEPTEMBER, 2026 PER COURT :- 1. Applicant seeks pre-arrest bail in connection with Crime No. 65 of 2026, registered with Molgi Police Station, District Nandurbar, for the offences punishable under Sections 103(1) r/w 3(5) of the Bharatiya Nyaya Sanhita. 2. The First Information Report indicates that, in the intervening night of 01.04.2026 and 02.04.2026, Mahendra, a person suffering from mental illness, entered the house of the present applicant and assaulted her with a stick. The allegation in the First Information Report is that, being agitated by the said assault, the applicant and other members of her family tied Mahendra to a cement pole and thereafter assaulted him, which resulted in his death. 3. Learned Advocate for the applicant submits that the applicant is herself a victim of the crime, having sustained injuries which required hospitalization 925 ABA 1609.2026.odt 1 of 3 2026:BHC-AUG:40498 for at least one month. He drew the attention of the Court to the medical evidence on record, indicating that the applicant had suffered a fracture in the temporoparietal region along with hemorrhage. It is his submission that, considering the nature of the assault upon the applicant with a stick, it would be practically impossible for her to have thereafter assaulted the deceased. It is further submitted that the applicant is working as an ASHA Worker, has no criminal antecedents, and, therefore, her liberty deserves to be protected. 4. Learned APP opposed the application, contending that the offence in question occurred within the residential premises of the applicant and that, having regard to the fact that the deceased died on account of multiple injuries, as reflected in the post-mortem report, this is not a fit case for grant of pre-arrest bail to the applicant. 5. No doubt, this is a case based on circumstantial evidence. However, it is not in dispute that the deceased had entered the house of the applicant at night hours. He admittedly assaulted the applicant with a stick. There is medical evidence on record indicating that serious injuries were caused to the applicant in the said assault. She was required to remain hospitalized for a period of one month. 6. Now that the charge-sheet has been filed, custodial interrogation of the 925 ABA 1609.2026.odt 2 of 3 applicant is not necessary. Considering the nature of the injuries caused to the applicant, this Court finds substance in the contention of the learned Advocate for the applicant that it would not have been possible for her to have assaulted the deceased. Having regard to the said facts, the applicant's liberty deserves to be protected. Hence, the following order. ORDER (i) Application is allowed. (ii) In the event of arrest of applicant in connection with Crime No. 65 of 2026, registered with Molgi Police Station, District Nandurbar, for the offences punishable under Sections 103(1) r/w 3(5) of the Bharatiya Nyaya Sanhita, she shall be released on bail on furnishing PR Bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one solvent surety in the like amount. (iii) She shall not contact the witnesses directly or indirectly. (iv) She shall not interfere with the evidence in any manner whatsoever. (v) She is further directed to cooperate the investigating agency for further investigation. 7. Learned APP for the Respondent/State to communicate this order to the concerned Police Station. ( R. M. JOSHI, J.) ssp 925 ABA 1609.2026.odt 3 of 3