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Bombay High CourtBA/2229/2025disposed off

Sangita Siddharam Kotale v. State Of Maharashtra And ANR

2025-09-12Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2229 OF 2025 Sangita Siddharam Kotale ...Applicant

Versus

State of Maharashtra And Anr.

...Respondents

_______ Mr. Ajinkya Badar i/by Mr. Abhijeet Badar for Applicant. Mr. N. B. Patil, APP for the Respondent-State. _______

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

12th SEPTEMBER 2025 P.C.

1.

By this application, applicant is seeking regular bail in Crime No.518 of 2024 registered with Akkalkot North Police Station, Dist. Solapur for the offences punishable under Sections 103(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.

2.

It is prosecution's case that on 19th November, 2024, the applicant and co-accused assaulted the first informant with axe and fist blows and murdered him on the ground of land dispute. 3.

It is contention of learned counsel for applicant that the main allegations of assault by axe are against accused No.2. The allegations against the applicant are that he pushed the deceased on ground. The applicant is a lady having two minor children. She is Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.09.15 16:51:43 +0530 SAJAKALI LIYAKAT JAMADAR

behind bar almost 10 months. Investigation is completed and chargesheet has been filed. Hence, requested to allow the application. 4.

It is contention of learned A.P.P. that applicant is the wife of accused No.2, who assaulted the deceased with axe. The applicant actively participated in the murder of the deceased. The said assault was done on the ground of land dispute. If applicant released on bail she may threaten prosecution witnesses. Hence, requested to reject the application.

5.

I have heard both learned counsels, perused the FIR and documents produced on record. In the FIR, the allegations against the applicant are that the applicant pushed the deceased on ground and she assaulted the deceased with co-accused. The applicant is lady having two sons. She is behind bar around 10 months. Considering the main allegations are against the co-accused, her further detention is not required.

6.

In view of the above, I pass the following order :

ORDER

(i) Application is allowed;

(ii) The applicant be enlarged on bail in Crime No.518 of 2024 registered with Akkalkot North Police Station, Dist. Solapur, on executing P.R.Bond in the

sum of Rs.30,000/- with one or two sureties in the like amount.

(iii) The applicant shall not tamper with the evidence or attempt to influence or contact the witnesses or any person concerned with the case. 7.

The application is allowed in the aforesaid terms and is accordingly disposed off.

8.

It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order.

9.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)