Mangalbai Madhukar Bhusare v. State Of Maharashtra

38. BA 5377 OF 2024.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 5377 OF 2024 Mangalbai Madhukar Bhusare ...Applicant

Versus

State of Maharashtra

...Respondent

Mr Akshay Bankapur, for the Applicant.

Ms. Tanveer Khan, APP for the Respondent-State. Mr R. A. Bagul, Peth Police Station, Nashik.

CORAM:

S. M. MODAK, J.

DATED:

12th DECEMBER 2025.

PC:- 1.

Heard learned Advocate for the Applicant/accused and learned APP.

2.

The Applicant alongwith her husband are arrested in connection with incident of murder, wherein one Bharat Dhanraj Gawali is killed. The incident that took place on 11.07.2024 at about 04.00 p.m.. Wherein the Madhukar-husband of the Applicant has quarrelled with the deceased on account of working with some different person. The Applicant was also present. Nearby residents have also arrived at the spot. The present Applicant caught hold the deceased from the backside. It is case of the prosecution that it was helped the Madhukar to pears knife in his stomach. There are eye-witnesses. The first informant Pandit is also eye- witness. Though learned Advocate tried his level best to SEEMA KSHITIJ YELKAR by SEEMA KSHITIJ YELKAR Date: 2025.12.16 10:58:22 +0530 Seema 12th DECEMBER 2025

38. BA 5377 OF 2024.DOC convince me about the lacunae in the statement of the some of the eye-witnesses, I am not impressed as this is not the stage for appreciation of the evidence. One of such statement is of Yogesh Devram Bhusare. The Police statement supports the prosecution case. Whereas the statement under Section 164 does not support the prosecution case.

3.

Be that as it may, if other materials are considered, the involvement of the Applicant is prima-facie disclosed. She is lady. Learned APP pointed out that the incident is of recent period. In fact on account of lady and role, I was inclined to grant bail, but the fact remains is trial Court needs to be given some period to proceed with the trial, as charge is yet not framed. Let the Applicant to apply for bail after three months. At that time, both the parties are at liberty to address the Court about stage of the case.

4.

Copy of this order be sent to the trial Court. Even the Applicant can produce copy before the trial Court. If such application is filed, the Court will only see about stage of the trial. With these observations, the Bail Application is dismissed. (S. M. MODAK, J.) { Seema 12th DECEMBER 2025