Court emphasizes need for custodial interrogation amidst serious allegations and influential status of accused
In a significant ruling, the Bombay High Court has denied anticipatory bail to Anil Kisan Lokhande and others, accused in a high-profile case involving serious allegations of dowry harassment, domestic violence, and threats against the first informant. The case has drawn attention due to the influential status of the accused, with the court stressing the necessity of custodial interrogation to substantiate allegations and collect evidence.
The judgment was passed by Justice Madhav J. Jamdar in the Anticipatory Bail Application No.4 of 2026, with the court highlighting the grave nature of the accusations against the applicants, which include harassment, abuse, dowry demands, and threats. The court noted the applicants' absconding behavior and their connections with the ruling political party in Maharashtra, underscoring the importance of custodial interrogation to prevent potential witness intimidation and tampering with evidence.
The court referenced the societal impact of dowry-related crimes, citing the Supreme Court's observations in "Yogendra Pal Singh v. Raghvendra Singh alias Prince" to underline the gravity of such offenses. Despite the applicants' arguments for pre-arrest bail, including their willingness to cooperate with investigations and the contention that custodial interrogation was unnecessary, the court found substantial evidence supporting the allegations in the FIR.
The judgment also touched upon the social stigma faced by domestic violence victims, noting the first informant's reluctance to separate from her husband's family despite grave harassment. The court dismissed the anticipatory bail application, asserting that the applicants' influential status and the seriousness of the allegations warranted custodial interrogation for effective investigation.
Bottom Line:
Anticipatory bail denied to applicants due to serious allegations of harassment, abuse, and dowry demands, coupled with their influential status and absconding behavior, as custodial interrogation deemed necessary for investigation.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 - Sections 85, 351(2), 351(3), 352, 115(2), 64(1), 74, 77, 89, 75(1), 75(2), 3(5); Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482
Anil Kisan Lokhande v. State of Maharashtra, (Bombay) : Law Finder Doc id # 2845228
