Archana Vitthal Sarode v. The State Of Maharashtra And Another
928 BA NO. 1317 OF 2025.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 928 BAIL APPLICATION NO. 1317 OF 2025 ARCHANA VITTHAL SARODE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Mr. Sudarshan J. Salunke, Advocate for Applicant Mr. K. K. Naik, APP for Respondent/State ....
CORAM : SANJAY A. DESHMUKH, J.
DATE : 24.09.2025 PER COURT :- 1.
Heard.
2.
This is an application for granting regular bail under Section 483 of the Bharitya Nagarik Suraksha Sanhita, 2023, in connection with Crime No. 402 of 2024 registered at Selu Police Station, District Parbhani, for the offences punishable under Sections 103(1), 140(3), 238 and 61(2) r/w Section 3(5) of the Bhartiya Nyaya Sanhita, 2023. 3.
The informant averred in the report that his son Arjun was having a love affair with the applicant and that the co-accused Dnyaneshwar was also having a love affair with the applicant. The informant suspected that his son Arjun was abducted and confined by the applicant along with co-accused Dnyaneshwar and Kishor, and that they committed his murder. Therefore, the report came to be lodged.
(( 2 )) 928 BA NO. 1317 OF 2025 4.
The learned advocate for the applicant submitted that the case is based on circumstantial evidence. It is submitted that the applicant has no criminal antecedents. The applicant is a mother of two children, and if she is not released on bail, the children will suffer hardship. It is further submitted that the applicant has roots in the society and she will not flee away from the trial. It is lastly prayed to allow the application. 5.
The learned APP for the State strongly opposed the application and submitted that the applicant is involved in a serious crime. The learned APP pointed out that at her instance, the dead body of the informant's son was discovered. There is strong evidence against the applicant and if she is released on bail, she will certainly pressurize prosecution witnesses and tamper with the evidence. It is lastly prayed to reject the application. 6.
Perused the charge sheet, particularly the statements of witnesses. The co-accused Dnyaneshwar has already been released on bail by an order of this Court. The applicant has no criminal antecedents and trial will take long period. Therefore, without adverting to the merits of the case, the application deserves to be allowed on the principle that bail is rule and jail is exception. Hence, the following order: ::ORDER::
I.
The application is allowed.
II.
The applicant, in connection with Crime No. 402 of 2024
(( 3 )) 928 BA NO. 1317 OF 2025 registered at Selu Police Station, District Parbhani, for the offences punishable under Sections 103(1), 140(3), 238 and 61(2) r/w Section 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond of Rs.25,000/- with one surety of the like amount on following conditions:- a) The applicant shall not tamper with the prosecution evidence and shall not pressurize the witnesses, in any manner.
[ SANJAY A. DESHMUKH, J. ] HRJadhav