Hanmant Ramchandra Shirke v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2199 OF 2025 Hanmant Ramchandra Shirke ...Applicant

VERSUS

State Of Maharashtra ...Respondent ...

Mr. Satyavrat Joshi a/w. Adv. Yash Fadtare a/w. Adv. Vaibhav H., Advocate for the applicant.

Mr. Chandrakant Mali, APP for the respondent-State. ...

CORAM

:

MRS. VRUSHALI V. JOSHI, J.

DATE :

9th FEBRUARY 2026.

P.C.

1.

By the present Bail Application filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant seeks regular bail in connection with Crime Register No. 452 of 2024 registered with Kavthemahakal Police Station, District Sangli, for the offences punishable under Sections 103, 64(2)(f), 64(2)(m), 238, 91 and 92 of the Bharatiya Nyaya Sanhita, 2023.

2.

The prosecution case, in brief, is that the applicant, who is the cousin of the deceased, allegedly subjected her to sexual abuse. It is alleged that when the deceased became pregnant, the applicant administered poison to her and thereafter placed her body by the roadside in an attempt to give an impression that she had committed

suicide. Initially, the case was registered on the basis that the death was due to poisoning. However, the Post Mortem Report reveals that the cause of death was strangulation. The report also indicates the presence of poison in the stomach of the deceased. It is further alleged that the deceased had informed her sister about her pregnancy and about the forcible relationship with the applicant, and on that basis, the FIR came to be lodged.

3.

The learned Advocate for the applicant submits that the case is based on circumstantial evidence. It is contended that the applicant has been in custody since 2024 and prays for grant of bail. 4.

The learned APP opposed the application and submitted that apart from the presence of poison in the stomach, the Post Mortem Report clearly indicates death due to strangulation. It is further submitted that the tower location of the deceased and the applicant was found to be the same at the relevant time. Considering the gravity of the offence and the material on record, rejection of the application is sought.

5.

I have heard the learned Advocate for the applicant and the learned APP for the State. The FIR and the material on record indicate that the deceased had informed her sister about her pregnancy and the alleged forcible relationship with the applicant.

The Post Mortem Report reveals that the death was caused due to strangulation, and poison was also detected in the stomach. The tower location data places the applicant in proximity to the deceased at the relevant time. Considering the gravity of the offence and the incriminating material on record, this is not a fit case to grant bail. 6.

Hence, the Bail Application stands rejected.

(MRS. VRUSHALI V. JOSHI, J.)