Nandini Dnyanoba Bande v. The State Of Maharashtra

2025:BHC-AUG:12495 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 229 OF 2025 Nandini D/o. Dnyanoba Bande, Age : 20 years, Occu. : Education, R/o. Keshav Nagar, At Present Amleshwar Nagar, Panchavati Apartment, Latur, Tq. & Dist. Latur.

... Applicant (Orig. Accused No.1)

Versus

The State of Maharashtra, Through Police Station Officer, MIDC Police Station, Latur, Tq & Dist. Latur.

... Respondent ......

Mr. P. P. More, Advocate for Applicant.

Mr. P. K. Lakhotiya, APP for Respondent - State. ......

CORAM : ABHAY S. WAGHWASE, J.

DATED : 29th APRIL 2025 ORDER :

1.

Present application is for grant of regular bail on account of arrest of applicant in Crime No.0132 of 2024 registered at M.I.D.C. Police Station, District Latur for offence punishable under sections 302, 495, 109, 452 r/w section 34 of Indian Penal Code and under section 4/27 of the Arms Act and under section 135 of the Maharashtra Police Act.

2.

In support of relief, learned counsel for applicant pointed out that, applicant, who is a lady is arrested on 22.02.2024

-2and as such behind bars since more than one year. He pointed out that, there is no eye witness. That, case is based on circumstantial evidence. That, there are allegations of illicit relations. That, only circumstance is said to be last seen, which is weak type of circumstance. That, there was no quarrel, no untoward incident as such no motive also. That, Investigation is over and charge sheet is filed in May 2024. That, no further recovery or discovery is to be made, and therefore, no purpose would be served by further detention. For all above reasons, learned counsel urged for regular bail.

3.

Learned APP opposed on the ground that, trial has already commenced and in view of report of learned trial court, trial would come to an end very soon. On merits, learned APP pointed out that, applicant was in the company of deceased. That, there is use of knife. That, post mortem report shows that, deceased died due to Hemorrhagic shock due to multiple stab injuries. Therefore, even on merits, learned APP opposes the bail application.

4.

Heard. Perused the papers. FIR dated 22.02.2024 is at the instance of one Ganesh Mane. He has reported that, his elder sister Naveli performed love marriage with one Vitthal Kurne, who

-3was conducting business at Pakharsavangi. That, since few days, there were discord between husband and wife and informant claims that on being questioned his sister told that her husband has relations with one girl and in that backdrop, she was beaten by him. He claims that, on 21.02.2024, he got call from his sister informing about quarrel between her and her husband, and her husband leaving her and going to his native at Ambajogai and that while going he allegedly told that, he has kept mistress and as such he does not need her anymore. That she should either go her own, or else, he or his friend would kill her and as such she was afraid. He further reported that, on next day information was received from police that Naveli was admitted in Government hospital in injured condition.

When they went to her house, there was police guard outside the room and that watchman and his wife told that on 21.02.2024, cries of baby were heard between 8.30 to 8.45 p.m., but door was locked from inside. After giving repeated knocks, a girl wearing black dress came out armed with knife and issued threats and again closed the door. That, while door was opened, Naveli was seen lying in a pool of blood on the floor with multiple injuries and that police had asked the girl her name, who gave her name as Nandini Bande. On above report, crime has been registered.

-45.

Statement of Sachin Sudhakar Panchal and his wife are also recorded along with other witnesses. Thus, there are statements of witnesses, who have allegedly seen the present applicant with knife in the house of deceased. Papers carrying injury certificate of present applicant also regarding simple injuries suffered by her. P.M. report shows that deceased Naveli died due to "Haemorrhagic shock due to multiple stab injuries". 6.

After considering the submissions of applicant, who is behind bars since more than a year, this court had called report from the trial Judge and the same is received. Learned trial Judge has categorically stated that, trial has already commenced and three witnesses are already examined and further one month would be required to conclude the trial.

Taking the same into consideration, it is clear that, trial itself on the verge of conclusion. Therefore, on both counts, i.e. on merits also and in view of report also, this court is not inclined to grant bail.

7.

The bail application is rejected.

(ABHAY S. WAGHWASE, J.) Tandale