Lalu Sopan More v. State Of Maharashtra
2025:BHC-AS:35321
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.3205 OF 2025 Lalu Sopan More ... Applicant.
Vs.
State Of Maharashtra ... Respondent.
--- Mr. Ajay Talreja for the Applicant (appeared through V. C.). Mr. P. H. Gaikwad, APP for the Respondent-State. --- CORAM : ASHWIN D.BHOBE, J.
DATE : 13th August, 2025.
P.C. :
1.
Heard Mr. Ajay Talreja, learned Advocate for the Applicant and Mr. P. H. Gaikwad, learned APP for the Respondent State.
2.
By the present Bail Application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNNS), the Applicant is seeking bail in connection with Cr. No. 36/2023, registered with Wadivarhe Police Station, Nashik Rural for the offences punishable under Section 302 and 504 of the Indian Penal Code, 1860. Said crime is registered as Sessions Case No. 241/2023 and is pending on the file of the Additional Sessions Judge, Nashik.
3.
FIR was registered on the basis of the complaint lodged
by Rakesh Lalu More (Informant), who is the son of the Applicant. Case of the prosecution is that the Applicant had a quarrel with his wife (Mirabai). During the said quarrel, Applicant assaulted Mirabai on her head and face, with a iron rod. Mirabai succumbed to the injuries sustained by her in the assault.
4.
Applicant was arrested on 14th February, 2023. Bail Application at Exhibit 3 in Sessions Case No. 241 of 2023 filed by the Applicant was rejected by the Additional Sessions Judge, Nashik on 21st November, 2023.
5.
Mr. Ajay Talreja, learned Advocate for the Applicant submits that there are no eye witnesses to the offence. He submits that the offence is based on circumstantial evidence and the Applicant is in custody for a period of more than one and half year. He submits that there are 21 witnesses in the crime and the trial has not commenced. He submits that if the Applicant is released on the bail, the Applicant shall abide by each and every condition that may be imposed. 6.
Mr. P. H. Gaikwad, learned APP submits that the Applicant committed murder of deceased Mirabai by use of a iron rod. He submits that the intentions of the Applicant to kill Mirabai is evident from the assault being on the vital parts i.e. face and head of deceased
Mirabai. He submits that said offence was committed in the house of the Applicant. He submits that there are statements of the witnesses which include the son and daughter-in-law of the Applicant, who have seen the Applicant open the door of his house with a iron rod in his hand which had blood on it. He submits that the Applicant has committed a brutal murder of his wife for a petty reason. 7.
I have perused the records with the assistance of the Advocates.
8.
Chargesheet reveals that the Applicant assaulted his wife in his house. Applicant was seen with the iron rod with blood on it. The witnesses in the present crime include the son and daughter-inlaw, who have seen the Applicant come out of the house where deceased Mirabai was brutally murdered. Postmortem report show as many as 13 injuries on the body of the deceased Mirabai which includes injuries on her face and head. Involvement of the Applicant and the intention of the Applicant in committing the said crime is established from the material on record. Prima facie, the ingredients of the offence charged against the Applicant are made out. 9.
The witnesses in the present crime amongst other include the son and daughter-in-law as also some of the relatives of the
Applicant. Mr Gaikwad, learned APP has expressed an apprehension that if the Applicant is released, the Applicant will tamper with the evidence and influence the witnesses. Said apprehension expressed by the Applicant appears to be justified.
10.
In view of the above, no case is made out by the Applicant.
11.
Bail Application No.3205/2025 is therefore dismissed. [ ASHWIN D.BHOBE, J.] Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Date: 14/08/2025 20:19:42