Yamunabai Vilas Medhe v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1153 OF 2026 Yamunabai Vilas Medhe ....Applicant

Versus

The State of Maharashtra and anr.

....Respondents _________________________________________________________________ Mr. Rahul Kasliwal (through VC) along with Mr. Mihir Kasliwal and Mr. Sarfaraj J. Shaikh, Advocate for Applicant.

Mr. Prashant P. Jadhav, APP for Respondent No.1-State. Mr. Chetan Deshmukh, Advocate for Respondent No.2. Mr. R. B. Deore, PSI, Trimbakeshwar Police Station, Nashik, present. _________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 10th JUNE, 2026.

P.C. :

1.

Learned counsel for the applicant, at the outset, seeks leave to add first informant as party respondent. Leave granted. Necessary amendment be carried out forthwith.

2.

The applicant is apprehending arrest in Crime No.28 of 2026 registered with Trimbakeshwar Police Station, Nashik, for offences punishable under Sections 109, 103, 3(5), 351(2) , 351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023.

3.

It is prosecution's case that on 26th February 2026, the SHUBHADA SHANKAR KADAM applicant and co-accused assaulted the husband of the first informant, and SHUBHADA SHANKAR KADAM Date: 2026.06.11 15:34:18 +0530 in the said assault, he died after three days.

4.

It is contention of learned counsel for the applicant that the applicant is a lady aged 60 years. The allegations against the applicant are that she caught hold of the shirt collar of the deceased, whereas the coaccused assaulted him with an iron pipe. There are no specific allegations against the applicant of assaulting the deceased. The custodial interrogation of the applicant is not required, and requested to allow the application.

5.

It is contention of learned APP that the applicant caught hold of the shirt collar of the deceased and the co-accused assaulted him with an iron pipe, it shows the active involvement of the applicant in the crime. considering the allegations against the applicant, her custodial interrogation is required, and requested to reject the application. 6.

It is contention of learned counsel for the first informant that the first informant has no objection to allowing the application as the matter is settled out of Court.

7.

I have heard all learned counsel, perused FIR and documents produced on record.

8.

The applicant is a lady aged more than 60 years. The allegations against her are that she caught hold of the shirt collar of the deceased and the co-accused assaulted him with an iron pipe. It is

contention of learned counsel for the first informant that the matter is settled out of Court and the first informant has no objection to allowing the bail application. Considering these facts, custodial interrogation of the applicant is not required, and I pass following order:

ORDER

(i) In the event of arrest, the applicant be enlarged on bail in Crime No.28 of 2026 registered with Trimbakeshwar Police Station, Nashik, on executing P.R.Bond in the sum of Rs.30,000/- with one or two sureties in the like amount. (ii) The applicant shall attend the concerned police station as and when required.

(iii) The applicant and the first informant shall each pay costs of 30,000/- to Tata Memorial Hospital, Mumbai and ₹ thereafter produce the receipt thereof on the file of this application. The application is allowed in the aforesaid terms and is accordingly disposed off.

9.

It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order.

10.

List the application for compliance on 25th June 2026. 11.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)