Dnyaneshwar Alias Mauli Gorakshanath Thosar v. The State Of Maharashtra And Another
2025:BHC-AUG:27778 -1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 922 BAIL APPLICATION NO. 1404 OF 2025 Dnyaneshwar Alias Mauli Gorakshanath Thosar
VERSUS
The State of Maharashtra and another ...
Advocate for Applicant : Mr. Salunke Sudarshan J APP for Respondents: Mr. N.B. Patil Advocate to assist the A.P.P. : Ms. Gayatri S. Kadam .....
CORAM : SANJAY A. DESHMUKH, J.
DATED : 4th OCTOBER, 2025.
PER COURT :- 1.
This is an application for granting regular bail under section 483 Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 in connection with crime No. 482 of 2024 registered with Georai police station, District Beed for the offences punishable under Sections 103, 238, 61(2) of Bharatiya Nyay Sanhita, 2023.
2.
Learned advocate for the applicant pointed out the report and submitted that the informant is brother of Renuka. The daughter of Renuka viz. Dnyaneshwari married with the applicant on 6.9.2024. After the marriage, Dnyaneshwari was not interested in cohabiting with the applicant and she frequently remained with her parents. The applicant was enraged by the conduct of his wife and used to say that, because of Renuka, i.e. the mother-in-law of the applicant,
-2his wife Dnyaneshwari was not cohabiting with him. On 20.10.2024, Dnyaneshwari and her mother went to Sindhkhed, i.e. the village of the applicant. Thereafter, they all went for the Darshan of God and returned to Sindkhed at night. On the next day, the applicant took his mother-in-law Renuka, and they went for the Darshan of God. On 22.10.2024, at about 8:30 a.m., Renuka went with the applicant for the Darshan of God in his field, but she did not return. 3.
It appears that on 24.10.2024, a missing report was lodged at Georai Police Station, District Beed. The informant, who is the brother of Renuka, also searched for her, but she was not traced. When the applicant was questioned about the whereabouts of Renuka, he stated that he had gone with her to the farm and that they both returned. He further stated that he left his mother-in-law Renuka near the house of one Pandurang Thosar at about 9:30 a.m. and then went to the village. The informant doubted the applicant, as his sister was missing. The informant and others searched for Renuka, but she could not be traced.
4.
It is further averred in the report that on 31.10.2024, at about 10.30 a.m. the informant came to know from Sudhakar @ Pandurang Thosar that his sister was found dead in the well of Arjun Yeole. The informant went there alongwith his relatives and saw that
-3his sister Renuka was lying dead in the said well. Therefore, report was lodged.
5.
Learned advocate for the applicant submitted that the applicant has been falsely implicated in the crime. He has no criminal antecedents. The applicant has roots in the society. He will not flee away from the trial. The trial will take a long period. The case is based on circumstantial evidence. The material, which is on record, does not establish prima facie case against the applicant. The charge sheet is filed. Learned advocate for the applicant lastly prayed that the application be allowed.
6.
Learned A.P.P. for the respondent-State, assisted by learned advocate Ms. Gayatri S. Kadam, has strongly opposed the application and submitted that there is strong evidence against the applicant, as he was last seen in the company of deceased Renuka by the informant and the wife of the applicant. There is a strong motive attributed to the applicant, as he was alleging that due to Renuka, his wife was not cohabiting with him. Therefore, he committed her murder and threw her into the well. The mobile hand set has been recovered at the instance of the applicant. Learned A.P.P. pointed out the report showing injuries to the skull of Renuka. It is lastly submitted that the applicant is involved in serious crime of
-4murder therefore, the bail application be rejected. 7.
Perused the charge sheet, particularly the post mortem report and the statements of witnesses. The witnesses have stated that Renuka was lastly seen in the company of applicant. The post mortem report shows hat it is a homicidal death. From the entire charge sheet, it is seen that even after the missing report was lodged on 24.10.2024, nothing was traced out until the dead body of Renuka was recovered from the well. Thereafter, the report was lodged on 31.10.2024. Now the charge sheet is filed. The applicant has roots in the society. He has no criminal antecedents. He will not flee away from the trial. The trial will take a long period. The application therefore, deserves to be allowed on certain conditions. Hence, the following order.
O R D E R
I.
Application is allowed.
II.
The applicant in connection with crime No. 482 of 2024 registered with Georai police station, District Beed for the offences punishable under Sections 103, 238, 61(2) of Bharatiya Nyay Sanhita, 2023, be released on bail on furnishing personal bond of Rs.50,000/- with one surety of the like amount on following conditions:-
-5a) The applicant shall not tamper with the prosecution evidence and shall not pressurize the witnesses, in any manner.
(SANJAY A. DESHMUKH, J.) rlj/