← Library
Bombay High CourtBA/3368/2025disposed off

Komal Yogesh Battase v. State Of Maharashtra

2026-02-13Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION VAISHALI ANIL TIKAM BAIL APPLICATION NO. 3368 OF 2025 Komal Yogesh Battase ...Applicant

Versus

The State of Maharashtra

...Respondent

_________________________________________________________________ Mr. Chetan Deshmukh, Advocate for Applicant.

Mr. P.P. Jadhav, APP for Respondent-State.

API Ankolikar S.J., Indiranagar Police Station, Nashik City. _________________________________________________________________ by VAISHALI ANIL TIKAM Date: 2026.02.18 14:18:20 +0530

CORAM

: SHIVKUMAR DIGE, J.

DATE : 13th FEBRUARY, 2026.

P.C. :

1.

Heard learned counsel for the Applicant and learned APP for the State.

2.

By this Application, the Applicant is seeking bail in Crime No.320 of 2024, registered with Indiranagar Police Station, District Nashik, for the offences punishable under Sections 103(1), 61(2), 3(5) along with Section 135 of Maharashtra Police Act.

3.

It is prosecution's case that Applicant and co-accused murdered husband of the Applicant. It is alleged that the Applicant had illicit relations with Accused No.1 and deceased husband was becoming hurdle in their relationship.

4.

It is contention of the learned counsel for the Applicant that

Applicant is behind bars more than fifteen months. There is no progress in trial. The prosecution case is based on the circumstantial evidence. There is no recovery at the instance of the Applicant. At the time of incident, Applicant was not present. Applicant is lady. It may take time to conclude the trial and requested to allow the Application. 4.

It is contention of the learned APP that, the Applicant had motive to kill the deceased. She along with accused No.1 murdered her husband. Charge is already framed. If Applicant is released on bail she may abscond and threaten the prosecution witnesses. Hence, requested to dismiss the Application.

5.

I have heard learned counsel for the Applicant and learned APP. Perused FIR and charge-sheet and documents produced on record. 6.

Prosecution case is based on circumstantial evidence. There is no recovery at the instance of the Applicant. to prove the role of the Applicant in crime, evidence is required. She is lady. She is behind bars more than fifteen months. There is no progress in trial. 7.

Considering these facts, I pass following order.

ORDER

(i) The Application is allowed.

(ii) The Applicant- Komal Yogesh Battase be enlarged on

bail in Crime No.320 of 2024, registered with Indiranagar Police Station, District Nashik,on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.

(ii) The applicant shall inform her latest place of residence and mobile number immediately after being released and/or change of residence or mobile details, if any, from time to time to the Investigating Officer.

(iii) The Applicant shall attend Court dates regularly. (iv) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.

.

The application is allowed in the aforesaid terms and is accordingly disposed of (SHIVKUMAR DIGE, J.)