Mohandas Narayan Aher And ANR v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4896 OF 2025 Latabai W/o Mohandas Aher ...Applicant No.2

VERSUS

STATE OF MAHARASHTRA AND ANR.

...Respondents

VAISHALI ANIL TIKAM _________________________________________________________________ Mr. Prashant M. Nagargoje, Advocate for Applicant No.2 Mr. B.B. Kulkarni, APP for Respondent-State.

Mr. Prithiwiraj Choudhari, Appointed Advocate for Respondent No.2 . _________________________________________________________________ by VAISHALI ANIL TIKAM Date:

2026.03.12 12:03:11 +0530

CORAM

: SHIVKUMAR DIGE, J.

DATE : 27th FEBRUARY, 2026.

P.C. :

1.

Heard learned counsel for the Applicant No.2, learned APP for the State and learned counsel for Respondent No.2. 2.

By this Application, Applicant No.2 is seeking regular bail in Crime No. 327/2025 registered with Chandwad Police Station, Nashik (Rural) for the offences punishable under Sections 103(1), 85, 238, 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3.

It is prosecution's case that deceased was daughter in law of the Applicant. It is alleged that Applicant and co-accused ill-treated her, harassed her for bringing amount from her parents, suspected on her character, she was mentally harassed on the ground that she was not able to deliver child. It is alleged that the applicant and co-accused assaulted

the deceased with sharp weapon murdered her and threw her dead body in well.

4.

It is contention of learned counsel for the Applicant that Prosecution case is based on circumstantial evidence. At the time of incident, Applicant No.2 was not present in house. Applicant No.2 is lady. She is 60 years old. Investigation is completed. Applicant No.2 is suffering from various ailments and requested to allow the Application. 5.

It is contention of learned APP along with learned counsel for Respondent No.2 that Applicant is mother in law of the deceased. There are specific allegations against the Applicant that she tortured the deceased on various occasions. The deceased had informed this fact to Respondent No.2 and family members. If Applicant No.2 released on bail, she may abscond or threaten the prosecution witnesses and requested to reject the Application.

6.

I have heard all learned counsel. Perused charge-sheet and documents produced on record.

7.

The prosecution case is based on circumstantial evidence, to prove role of the applicant in crime, evidence is required. Applicant No.2 is lady. She is behind bars more than six months. It may take time to conclude the trial.

8.

Considering these facts, I pass following order.

ORDER

(i) Applicant No.2 - Latabai W/o. Mohandas Aher be released on bail in Crime No. 327/2025 registered with Chandwad Police Station, Nashik (Rural), on furnishing PR bond of Rs.25,000/- with one or two solvent sureties in the like amount.

(ii) Applicant No.2 shall not tamper with the evidence and/or influence the prosecution witnesses.

(iii) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order. (iv) Applicant No.2 shall attend the concerned Police Station as and when required.

(v ) Bail Application for Applicant No.2 - Latabai Mohandas Aher is allowed in the aforesaid terms.

(SHIVKUMAR DIGE, J.)