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Bombay High CourtBA/631/2026disposed off

Datta Aba Shinde v. The State Of Maharashtra

2026-04-22Hon'Ble Shri Justice Shailesh P. Brahme3 pages

2026:BHC-AUG:18526

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 40 BAIL APPLICATION NO. 631 OF 2026 Datta Aba Shinde, Age 25 years, occ. Agriculture, R/o. Washi, Tq. Washi, Dist.

Dharashiv.

...

Applicant

VERSUS

The State of Maharashtra ...

Respondent.

...

Advocate for Applicant (Through Legal Aid) : Mr. Mukund V. Dev. Addl.P.P. for Respondent/State : Mr. A. R. Kale

CORAM

: SHAILESH P. BRAHME, J.

DATE : 22.04.2026 PER COURT :

Heard both sides.

2.

The applicant is seeking regular bail in connection with Crime No. 244/2024, registered with Washi Police Station, District Dharashiv, for the offences punishable under Sections 103(1), 351(3), 238, 3(5) of Bharatiya Nyaya Sanhita, 2023, and under Section 3,9,25of the Arms Act. 3.

Applicant is arrested on 07.09.2024. The charge-sheet is filed on 02.12.2024 4.

It is alleged that the applicant was married with deceased Sonabai before 13 years and they had children. Applicant and his father used to illtreat Sonaba. It is further alleged that on 06.09.2024, the informant received a call that Sonabai was unwell. The informant and his son Vikash rushed to the place of Sonabai and found her unconscious and injured. On enquiry, informant and her son were threatened not to disclose anything to 1/3

the police. They even found a gun concealed in the nearby field. 4.

Learned counsel for the applicant submits that there is no incriminating material against the applicant. He is falsely implicated in the offence. Applicant was married for about 13 years and they had children. Due to some accident the gun got fired and the injury was sustained. 5.

Per contra, learned Addl.G.P. would submit that there was motive for the applicant to commit murder. The statements of the witnesses Dada Kale, Madhu Shinde, Manik Kale, Vikas Kale are consistent. The applicant was last seen in the company of the deceased. The gun was recovered. It further revealed that the gun was homemade. The remand report and the recovery of the objectionable material, including gun powder, would corroborate and connect the applicant to the offence in question. 6.

Applicant is alleged to have committed murder of his wife because of the frequent dispute between them. On receiving the information, when informant and his son Vikas rushed to the place, they found gun and they were threatened by father of the applicant. The gun has been recovered. The material is collected to show that it was a homemade gun. The panchnama shows that objectionable material, including gun powder was collected from the shed.

7.

Though there is no direct witness to the incident in question, the statements of Dada, Madhu, Manik would corroborate that applicant was last seen in the company of the deceased in the shed, immediately preceding, the blasting noise. Dada Kale, Madhu Shinde and Manik Kale are most natural witnesses, who were present in the adjoining place at the relevant time and heard the noise. There is incriminating material against the applicant. The prosecution is likely to prove the guilt of the accused by supplying chain of the events connecting the applicant. I find that no case is made to enlarge the applicant on bail. The applicant's father had already threatened informant and his son of dire consequences. The possibility of 2/3

tampering of the witnesses cannot be ruled out. 6.

Bail Application is rejected.

( SHAILESH P. BRAHME, J.) mkd/- 3/3