Sangita Ashok Gholap v. The State Of Maharashtra
2025:BHC-AUG:13786 {1}
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD BAIL APPLICATION NO.490 OF 2025 Vimal W/o. Raghunath Gholap Age: 65 years, Occu.: Housewife, R/o. Saras Nagar, Tq. Nagar District - Ahmednagar.
... Applicant
VERSUS
The State of Maharashtra ... Respondent WITH CRIMINAL APPLICATION NO.1327 OF 2025 IN BA/490/2025 Ravindra S/o Bhanudas Misal, Age - 39 years, Occ.: Service, R/o. Opp. ShivSuper Market, Rajeshri Colony, Sarasnagar, Ahmednagar, Dist. Ahmednagar.
... Applicant (Informant)
VERSUS
1. Vimal W/o. Raghunath Gholap Age: 60 years, Occu.: Nil, R/o. Rajashri Colony, Kapileshwar Nagar, Saras Nagar, Ahmednagar District - Ahmednagar.
2. The State of Maharashtra Through Police Station Camp, Ahmednagar/Ahilyanagar.
... Respondents WITH BAIL APPLICATION NO.390 OF 2025 Sangita W/o. Ashok Gholap Age: 65 years, Occu.: Housewife, R/o. Saras Nagar, Tq. Nagar District - Ahmednagar.
... Applicant
VERSUS
The State of Maharashtra Through Camp Police Station, Tq. & Dist. Ahmednagar ... Respondent
{2} WITH CRIMINAL APPLICATION NO.1328 OF 2025 IN BA/390/2025 Ravindra S/o Bhanudas Misal, Age - 39 years, Occ.: Service, R/o. Opp. ShivSuper Market, Rajeshri Colony, Sarasnagar, Ahmednagar, Dist. Ahmednagar.
... Applicant (Informant)
VERSUS
1. Sangita W/o. Ashok Gholap Age: 45 years, Occu.: Nil, R/o. Rajashri Colony, Kapileshwar Nagar, Saras Nagar, Ahmednagar District - Ahmednagar.
2. The State of Maharashtra Through Police Station Camp, Ahmednagar/Ahilyanagar.
... Respondents ......
Mr. Santosh C. Bhosle, Advocate h/f Mr. Sanket N. Suryawanshi, Advocate for Applicant in BA/490/2025 Mr. S.G. Magre, Advocate for Applicant in BA/390/2025 Mr. V.M. Chate, APP for Respondent - Statement Mr. S.R. Andhale, Advocate for informant in Cri.Appln. Nos.1327/2025 and 1328/2025 ......
CORAM : ABHAY S. WAGHWASE, J.
RESERVED ON : 07 MAY 2025 PRONOUNCED ON : 09 MAY 2025 PER COURT :- 1.
Bail Application Nos.490/2025 and 390/2025 are arising out of one and the same crime bearing No.0679 of 2024, registered at Ahmednagar Camp Police Station, District Ahmednagar for offences punishable under Sections 103(1),
{3} 109, 118(1), 49, 351(2), 351(3), 352, 3(5) of the Bharatiya Nyaya Sanhita (BNS).
2.
Both the learned counsel would submit that, applicants are falsely implicated. That, applicants merely are shown to be present. That, no overt act is attributed the present applicants. That, through there are allegations of holding iron bars, there is no recovery. That, medical evidence does not support the prosecution as regards to allegations against the present applicants are concerned. That, no further recovery or discovery is to be made. That, now investigation is over and charge-sheet is already filed. That, trial would take sufficiently long time to be concluded and as applicants are ready to abide all conditions imposed by this Court, both learned counsel urge for grant of bail.
3.
Learned APP opposed on the ground that, one person has died and one has suffered injury. That, injury certificate is placed on record. That, both above applicants had allegedly held the deceased, after which main accused, Ashok, inflicted knife injuries. Thus, they have facilitated. For all above reasons, learned APP prays to reject the application.
{4} 4.
Learned counsel for informant also opposed on the ground that, there is a serious offence of murder and inflicting grievous injury. That, application of Section 5(3) against both the applicants, who are ladies. That, they have caught hold of deceased, only due to which, main accused inflicted murderous assault. Moreover, now applicants are pressurizing the witnesses, and thus, he too opposes for grant of bail. 5.
Heard. Perused the papers. FIR dated 08.09.2024 is at the instance of one Ravindra Bhanudas Misal. Subnstance of FIR is that, on 08.09.2024, Ashok Raghunath Gholap came in front of his house and broke liquor bottle. He was also holding a knife in the hand, and he was hurled abuses. Subsequently, at around 7:15 to 7:30 p.m., when the informant's father, Bhanudas, went to dispose of garbage, Ashok again came in front of the informant's house and questioned, threatened, and abused his father. When his father count questioned for troubling them, it is alleged that, Ashok inflicted knife blows on his father, who raised loud shouts, and has such all came out. It is further reported that, Ahok's mother namely, Vimal Gholap and his wife Sangita came armed with iron rods, and also hurled abuses. It is further stated that, Vimal (applicant in BA/490/2025) caught
{5} hold of informant's father, after which, Ashok stabbed in the abdomen, chest of his father and also used an iron rod in inflicting injuries. Ashok also injured informant's father-in-law Lahu by means of knife and caused him grievous injury. Report to above extent was lodged, resulting into registration of crime. 6.
Apparently, both present applicants are ladies. Main allegations are against Ashok. Now, investigation is over and charge-sheet is already filed in September 2024. The allegations against them are of merely holding iron rod, and no overt act is prima facie alleged against both the ladies. Therefore, both applicants succeed. Hence, I proceed to pass the following order:
ORDER
I.
Bail Applications are allowed.
II.
Applicants, namely, Vimal W/o. Raghunath Gholap (BA/490/2025) and Sangita W/o. Ashok Gholap (BA/390/2025) be released on bail in connection with No.0679 of 2024, registered at Ahmednagar Camp Police Station, District Ahmednagar, on executing Personal Bond of Rs. 15,000/- each with one surety by each in the like amount, on the following conditions:
[a] The applicants shall not tamper prosecution evidence. [b] The applicants shall not enter the vicinity where informant and injured reside, till conclusion of trial.
{6} [c] The applicants shall not leave the area of jurisdiction of the concerned police station till conclusion of trial. [d] The applicants shall attend the concerned police station twice in every week i.e. on every Monday and Thrusday between 11.00 a.m. to 02.00 p.m. till framing of committal of the case and thereafter, shall regularly attend each and every effective date before the trial court.
ABHAY S. WAGHWASE, JUDGE S P Rane