Ashwini W/O Jitendra Navaghare v. The State Of Maharashtra Thr Pso., Ps Katol Dist Nagpur

2025:BHC-NAG:14073 1 35.ba.1121.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 1121/2025 Ashwini wd/o. Jitendra Navaghare Vs. The State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. C. R. Thakur and Mr. Piyush Rawatkar, Advocate for the Applicant.

Mr. A. M. Kadukar, A.P.P. for the Non-applicant/State. CORAM : MRS.VRUSHALI V. JOSHI,J.

DATED : 11/12/2025.

.

Heard.

2.

The applicant is arrested in Crime No.1028/2024 for the offence punishable under Section 103(1), 61, 238, 46, 3(5) of the Bharatiya Nyaya Sanhita, 2023 was added.

3.

It is alleged that the applicant and the brother of deceased were having illicit relations. Out of said illicit relations they have committed murder of the deceased. The applicant and her mother are the co-accused in this case. 4.

The learned Counsel for the applicant has stated that only because one mobile voice recording was found between the applicant and the accused No.1, there was conversation and love relation was disclosed from said conversation. The First Information Report is against unknown person. Thereafter, during investigation, the said mobile was found and the applicant is arraigned as an accused in this case. The applicant is in jail with her two years daughter since last one year. Her involvement is not there. The accused No.4 mother of this applicant is already released on bail by this Court. Considering her role, prayed to release the applicant on bail.

2 35.ba.1121.25 5.

The learned A.P.P. opposed the application stating that the role of this applicant is that she abeted the accused to commit this offence. The conspiracy is there. She helped to commit murder of her husband. Hence, prayed to reject the application.

6.

Heard the learned Counsel for the applicant and the learned A.P.P. for the State.

7.

On perusal of the record, it appears that only circumstance which is against this applicant is that in the voice recording, it was found that the applicant was having love relation with accused No.1, who is the brother of the deceased. The statement of witnesses also disclosed the love relations between the applicant and the accused No.1. 8.

Considering the allegations made against this applicant and as she is in jail since last one year, the applicant deserves to be released on bail. Accordingly, I proceed to pass the following order :

i] The criminal application is allowed.

ii] The applicant shall be released on bail in connection with Crime No.1028/2024 for the offence punishable under Section 103(1), 61, 238, 46, 3(5) of the Bharatiya Nyaya Sanhita, 2023 was added, on furnishing P.R. Bond of Rs.25,000/- with one solvent surety in the like amount.

iii] The applicant shall not in any way tamper with the prosecution evidence.

3 35.ba.1121.25 iv] The applicant shall not pressurize or threaten the prosecution witnesses.

v] The applicant shall attend the concerned police station on every Monday and Saturday between 1:00 p.m. to 2:00 p.m.

vi] The applicant shall co-operate the investigation officer.

The Criminal application is disposed of accordingly.

(MRS. VRUSHALI V. JOSHI, J.) RGurnule