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Bombay High CourtBA/2328/2025disposed off

Lali Laxman Singh And Another v. The State Of Maharashtra

2025-12-22Hon'Ble Shri Justice Sachin S. Deshmukh4 pages

2025:BHC-AUG:36956 1 BA / 2328 / 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 49 BAIL APPLICATION NO. 2328 OF 2025 1] LALI LAXMAN SINGH 2] RUKMINI GOPAL SINGH

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for applicant : Mr. Maheshkumar S. Sonawane APP for the respondent - State : Mr. S.G. Sangle ...

CORAM

: SACHIN S. DESHMUKH, J.

DATE : 22 DECEMBER 2025 PER COURT :

The applicants have approached this Court seeking regular bail in connection with FIR bearing Crime No. 934 of 2025 dated 14.10.2025 registered with Shirdi Police Station, District - Ahilyanagar for the offences punishable under section 310(4), 310(5) of the Bharatiya Nyaya Sanhita, 2023.

2.

In the complaint, it is alleged that there was information that some miscreants had gathered from other places and mingled in the crowd near Shirdi temple with intent to commit theft and loot the visitors. On the basis of said information, the police team were vigilently observing all the activities of the visitors gathered in the surrounding of the temple. CCTVs were installed at various places to keep vigilance towards the behaviour of the persons gathered.

2 BA / 2328 / 2025 3.

The police, thereafter, found some suspicious behaviour among some woman, they were exchanging the singlas to each others by raising their hands and pointing by sign langauge. The suspicious persons were apprhended. Out of 6 persons, 2 persons were caught while others fled away. The applicants were in possession of blade, knife and other articles which are generally used for committing theft. 4.

Learned counsel for the applicants submits that since 14.10.2025, the applicants are behind bar. Applicants are arrested only on the basis of the suspicion, no offence as alleged in the FIR is committed by the applicants. Applicants are having children of tender age. There is no incriminating material recovered from the applicants. Investigation is almost complete. Applicants being women, they be released released on bail.

5.

On the other hand, learned APP opposed the application. He submitted that the applicants are involved in a serious offence. They are caught on the CCTV installed in the premises. There is incriminating material recovered from the applicants. Therefore, the application does not warrant consideration.

6.

Having heard the respective sides, perused the material on record, including the investigation papers. The investigation is almost

3 BA / 2328 / 2025 complete for all intent and purpose. Arrest of the applicants is premised on suspicion only. The applicants being ladies, having children of tender age, are entitled for leniency conferred by the statute and deserve consideration for bail.

7.

Regarding the number of the accused and the witnesses which the prosecution propose to examine, it is very unlikely that the trial can be commenced and concluded within a reasonable period. As such, further detention of the applicant as an under-trial prisoner, in the circumstances of the case does not seem to be either warranted or justifiable. Applicants are women, I am, therefore, persuaded to exercise the discretion in favour of the applicants. 8.

Resultantly, the following order is passed :-

ORDER

(I) Application is allowed.

(II) Applicants - Lali Laxman Singh and Rukmini Gopal Singh, be released on regular bail upon furnishing P.R. bond in the sum of Rs.25,000/- (Twenty Five Thousand only) each with one or two local solvent sureties each in the like amount, in connection with Crime No.934 of 2025 dated 14.10.2025 registered with Shirdi Police Station, District - Ahilyanagar for the offences punishable under

4 BA / 2328 / 2025 section 310(4), 310(5) of the Bharatiya Nyaya Sanhita, 2023, on the following conditions :- (a) After their release from jail, the applicants shall report to the Investigating Officer as and when called for in writing. (b) The applicant shall attend the trial Court every month between 11.00 am to 1.00 pm. to mark their presence.

(c) Applicants shall co-operate with the conduct of trial and attend trial Court on all dates unless specifically exempted and will not take any unnecessary adjournment.

(d) Applicants shall not leave the State of Maharashtra without prior permission of the Trial Court.

(e) The applicants shall not influence with any of the prosecution witnesses or tamper with the evidence, in any manner. (f) Before actual release from jail, the applicants shall furnish their addresses where they propose to reside after their release from jail, to the concerned Police Station and also to the Trial Court. (g) In case of infraction of the above conditions and / or two consecutive defaults in marking his attendance before trial Court, it shall attract the provisions of Section 439(2) of Cr.P.C. i.e. for cancellation of bail.

9.

Needless to state that the observations rendered hereinabove are to the extent of consideration of the bail application and trial Judge may not get influenced by these observations and shall consider the case on the basis of evidence on record and in accordance with law.

[ SACHIN S. DESHMUKH ] JUDGE arp/