Radha Balram Mishra v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4934 OF 2025 Radha Balram Mishra ...Applicant

Versus

The State of Maharashtra

...Respondent

Ms. Sneha Mishra a/w Priyesh Singh for the Applicant Mr. A.S. Gawai, APP for the Respondent-State. Mr.Mahesh Mhadavad, PSI, Narpoli Police Station, Bhiwandi

CORAM:

R. M. JOSHI, J.

DATED:

16th APRIL, 2026 PC:- 1.

Applicant seeks bail in connection with CR. No.1470 of 2024 is registered with Narpoli Police Station, Bhiwandi for the offences punishable under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

2.

In short, it is the case of the prosecution that the applicant and co-accused committed murder of husband of the present applicant. There is allegation that the said deceased was killed on account of illicit relationship between applicant and co-accused, the incident is said to have occurred on 07.08.2024. During the

course of investigation, statements of witnesses were recorded and the incriminating recovery was done from the spot. The identification parade was conducted wherein the driver of the vehicle, who took applicant and co-accused to a particular place, identified them. On conclusion of investigation, chargesheet came to be filed.

3.

Learned counsel for the applicant submits that applicant is lady and having regard to the chargesheet and evidence collected during the course of investigation, the charge for the murder need not get attracted against her and at the most she said to have participated in the crime of destruction of evidence. In order to support these submission, she drew attention of the Court to the chargesheet and the case of the prosecution in that regard. 4.

Learned APP opposed the application by citing seriousness of the crime. It is his submission that though there is no recovery of dead body, there is evidence to involvement of the accused in this crime. It is his further submission that blood staied clothes of the deceased as well as the knives used for committing murder were found at the spot and as such there is evidence to connect the applicant with the crime.

5.

Prima-facie, perusal of the record supports the contention of counsel for the applicant that the role of the applicant at the most could be considered to the extent of the destruction of the evidence. Applicant is a lady. Having regard to these facts and circumstances applicant has no criminal history behind her, it is a fit case for grant of bail.

6.

Hence following order

ORDER

i) In connection with CR. No.1470 of 2024 is registered with Narpoli Police Station, Bhiwandi The applicant be enlarged on bail, on executing PR Bond in the sum of Rs. 15,000/- with one surety in the like amount to the satisfaction of the Trial Court. ii) The applicant shall attend the Trial Court concerned on each and every date unless exempted by the orders of the Trial Court concerned;

iii) Application is allowed in the above terms and is accordingly disposed of.

(R. M. JOSHI, J.) {