Nirmala Dadasaheb @ Dadarao Pail v. State Of Maharashtra

Nikita

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2012 OF 2025 NIKITA KAILAS DARADE Nirmala Dadasaheb @ Dadarao Patil ... Applicant V/s.

State of Maharashtra ... Respondent NIKITA KAILAS DARADE Date: 2025.06.11 20:47:40 +0530 Mr. Ritesh Thobde a/w Zubi Ansari for the Applicant. Ms. A. A. Takalkar, APP for the State.

CORAM

: ASHWIN D. BHOBE, J.

DATED : 10th JUNE, 2025 P.C.:

1.

Heard Mr. Ritesh Thobde learned Advocate for the Applicant and Ms. A. A. Takalkar, APP for the State.

2.

By the present application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, Applicant is seeking bail in connection with C. R. No.419 of 2024 registered with Barshi Taluka Police Station, for the offences punishable under Sections 103(1), 109, 118, (1), 115(2), 352, 351(2), 126(2), 3(5), of the BNS and under Section 135 of the Maharashtra Police Act, 1951. 3.

Case of the prosecution is that on 23.12.2024 the Applicant, her son Saudagar Patil and her daughter-in-law namely Sonali Patil assaulted the deceased Sindhu, Sagar and Mr. Kisan Patil with kicks, blows and by knife. Sindhu and Sagar succumbed to the injuries inflicted in the said assault. Mr. Kisan Patil was seriously

injured in the said assault.

4.

Applicant and the other two persons were arrested on 24.12.2024 and they are in custody.

5.

Bail Application No. 215 of 2025 filed by the Applicant was rejected by the learned Additional Sessions Judge-I, Barshi on 22.04.2025.

6.

Mr. Ritesh Thobade, learned Advocate for the Applicant submits that the Applicant is 77 years of age. Allegations against the Applicant are assault by means of fist and blows. He submits that the medical certificate indicate that the death was on account of the injury caused by the knife and not by fist and blows. He further submits that there are no allegations against the Applicant of Applicant being armed with any dangerous weapon or that she was carrying any weapon. He therefore, prays for that the present application be allowed.

7.

Ms. A. A. Takalkar, learned APP for the State refers to the statement of the first informant Mr. Nanasaheb Patil and points out to the statement, wherein the involvement and participation of the Applicant in the crime has been specifically referred to. She further points out to the statement of the injured Mr. Kisan Patil who has narrated the incident and referred to the role of the Applicant in the assault on the deceased.

8.

I have perused the record with the able assistance of the learned Advocate for the parties.

9.

Nature of allegations indicate that there was dispute

pertaining to the property. Material on record refers to the presence of the Applicant on the sport and involvement as also participation of the Applicant in the crime. The statement of the two witnesses Mr. Nanasaheb Patil and Mr. Kisan Patil clearly implicate the Applicant in the crime.

10.

Considering the gravity of the offence, I am of the opinion that this is not a fit case of grant of bail. 11.

In view of the above, Criminal Bail Application No. 2012 of 2025 is dismissed.

(ASHWIN D. BHOBE. J.)