Mayur Dattatraya Nagare v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2696 OF 2025 Mayur Dattatraya Nagare ....Applicant

VERSUS

State Of Maharashtra .....Respondent _________________________________________________________________ Mr. Sanjay P. Shinde a/w. Mr. Prathmesh T. Bhanumansh, Advocates for the Applicant.

Ms. Mahalaxmi Ganpathy, APP for Respondent-State. _________________________________________________________________ by SONALI SATISH KILAJE Date:

2026.02.05 10:22:49 +0700 SONALI SATISH KILAJE

CORAM

: SHIVKUMAR DIGE, J.

DATE : 2nd FEBRUARY, 2026.

P.C. :

1.

By this application, the applicant is seeking regular bail in C.R.No. 260 of 2024 registered with Indira Nagar Police Station, Nashik, for the offences punishable under Section 103(1) of Bharatiya Nyaya Sanhita, 2023 (for short "BNS Act").

2.

It is prosecution's case that on 29.08.2024, the applicant murdered the deceased by strangulating her. It is alleged that the applicant had extra marital affair with the deceased. 3.

It is contention of learned counsel for the applicant that the prosecution's case is based on circumstantial evidence. The applicant is behind bars for more than one year. There is no progress in the trial. The

applicant has no antecedents. There is no recovery at the instance of the applicant. It may take time to conclude the trial and requested to allow the application.

4.

It is contention of learned APP that the applicant was last seen with the deceased. There are eye witnesses who had last seen him with the deceased. The applicant had extra marital affair with the deceased. If the applicant is released on bail, he may abscond or threaten prosecution witnesses. Hence, requested to reject the application. 5.

I have heard both the learned counsel. Perused chargesheet and documents produced on record. The prosecution's case is based on circumstantial evidence. There is no recovery at the instance of the applicant. To prove the offence against the applicant, evidence is required. The applicant has no antecedents. The applicant is behind bars for around one year. Considering these facts, I pass following order.

ORDER

i.

The applicant be enlarged on bail inC.R.No. 260 of 2024 registered with Indira Nagar Police Station, Nashik, on executing P.R.Bond of Rs. 30,000/- on furnishing one or two sureties in the like amount. ii.

The applicant shall attend the concerned police station as and when required.

iii.

The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case. 6.

The application is allowed in the aforesaid terms and is accordingly disposed of. All pending applications, if any, disposed of. 7.

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.

8.

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