Tanhabai Murlidhar Wagh v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1472 OF 2026 VAISHALI ANIL TIKAM Tanhabai Murlidhar Wagh ...Applicant versus The State of Maharashtra

...Respondent

by VAISHALI ANIL TIKAM Date:

2026.04.27 19:14:22 +0530 _________________________________________________________________ Mr. Prakash Wagh, Advocate for Applicant.

Mr. M.G. Patil, APP for Respondent-State.

_________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 21st APRIL, 2026.

P.C. :

1.

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

2.

By this application, the Applicant is seeking regular bail in Crime No. 494 of 2024 registered with Yeola Taluka Police Station for the offence punishable under Sections 103(1), 238 r/w. Section 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS'). 3.

It is prosecution's case that on 13/09/2024 Applicant and coaccused murdered son of the applicant on the ground that he was heavily drunkered and he was nuisance to their family. 4.

It is contention of learned counsel for the Applicant that there is delay in lodging the complaint and the allegations against the applicant

are that she instigated the co-accused to kill the deceased. Applicant is lady. She is behind bar for more than 1 -1/2 years, she has no antecdents and requested to allow the application.

5.

It is contention of learned APP that the incident is witnessed by eye witness who had seen Applicant was instigating the co-accused to kill the deceased. It shows her involvement in crime. If she is released on bail, she may abscond or threaten prosecution witnesses. The weapon used in the crime recovered at the instance of the applicant and requested to reject the application.

6.

I have heard both learned counsel. Perused charge-sheet and documents produced on record. Applicant is lady. She is behind bars for more than 1 -1/2 years. There is delay in lodging the complaint. The allegation against the applicant is of instigation. It may take time to conclude the trial.

7.

Considering these facts, I pass following order:

ORDER

(i) The Applicant- Tanhabai Murlidhar Wagh be released on bail in Crime No. 494 of 2024 registered with Yeola Taluka Police Station, on furnishing PR bond of Rs.25,000/- with one or two solvent sureties in the like amount.

(ii) The Applicant 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) The Applicant shall attend the concerned Police Station as and when required.

(v) Application is allowed in the aforesaid terms. (SHIVKUMAR DIGE, J.)