Sangitabai Shravan Dhangar Vs the State of Maharashtra

Gokul S/O. Kashinath Dhangar (Complainant) Age- 46 years, Occu.: Agriculturist Labour, R/o. At Post Kurkhali, Tq. Shirpur, Dist. Dhule. … Applicant (Orig. Complainant)

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VERSUS

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The State of Maharashtra Through Police Inspector, Thalner Police Station, Thalner, District - Dhule.

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Sangitabai Shravan Dhangar (Accused) Age: 37 years, Occu.: Housewife, R/o. At Post, Kurkhali, Tq. Shirpur, Dist. Dhule.

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… Respondents

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Mr. Mohit S. Shah, Advocate for Applicant Mr. S.B. Narwade, APP for Respondent – State Mr. Bipinchandra K. Patil, Advocate for Informant

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CORAM : ABHAY S. WAGHWASE, J. RESERVED ON : 06 MAY 2025 PRONOUNCED ON : 09 MAY 2025

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PER COURT :-

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Instant application is for grant of regular bill on account of arrest of applicant in crime number 106 of 2024 registered at Thalner police station district Dhule for offence punishable under sections 103 (1)of the Bharatiya Nyaya Sanhita, 2023 (BNS).

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Criminal Application No. 963 of 2025 is at the instance of the informant seeking permission to assist learned APP during hearing of the Bail Application. For the reasons mentioned in the application, the applicant is permitted to assist learned APP. Criminal Application No. 963 of 2025 is accordingly disposed of.

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Learned counsel for the applicant pointed out that applicant is a lady. That, she is behind bars since July 2024. That, she has children. That, due to marital discord and disputes, her relations with husband were strained. That, there are allegations that in that backdrop there was assault on husband by wooden log. That, there was no intention to kill. Learned counsel pointed out that, different version is quoted in

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FIR and statement given by the complainant, who is the brother of deceased. Learned counsel also took this court through the statement of the mother of deceased and would submit that there is no eyewitness. That, all witnesses, who are examined have reached after the occurrence. That, no one has seen any overt act at the hands of the present applicant. Learned counsel further pointed out that, there are medical papers suggesting that, deceased suffered injury due to fall. That, there is a single injury on the head, therefore possibility of injury due to fall cannot be ruled out. That, applicant is behind bars since long. That, now investigation is over and charge-sheet is already filed in October 2024. As no further recovery or discovery is to be made, learned counsel urges for grant of bail.

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Learned APP as well as learned counsel for informant have strongly opposed on the ground that applicant has committed murder of her husband. That, she also used to assault her husband previously. That, there are eyewitness accounts in the form of statements of Avinash and Yuvraj. They have reported that they saw the occurrence. That, there is a recovery of wooden log with blood stains. Therefore, there is direct evidence. That, applicant was present when other visited the

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spot. Learned counsel for informant pointed out that, previously also applicant had beaten her husband. That, she had also issued threats to the present informant to withdraw the complaint or to face dire consequences. She pointed out that because of such conduct and behaviour and quarrelsome attitude of the applicant her own son Rohit had committed suicide. That there is previous occurrence of assault by means of brisk to husband. For all about reasons they both have strongly opposed the bail application.

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Heard. Perused the papers. FIR dated 17.07.2024 is at the instance of one Dhanagar. He has reported that his brother Shravan and present applicant were husband and wife, and they have two sons namely, Mayur and Mahesh. He reported that, his brother borrowed money from him when required. He further reported that whenever his brother came home after returning work, his wife Sangitabai i.e. present applicant demanded money, and on refusal, she allegedly beat him. 5 to 6 years back, also she had assaulted his brother by iron rod and iron mortar fracturing his ribs. That, on 18.05.2024, applicant had hit his brother on the forehead by a brick. He claims to have learnt that, his brother was assaulted by applicant since morning

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of 16.07.2024 till 12:00 noon with wooden log (Danda), and hence, he lodged a report.

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6 Visited the statements of Avinash and Yuvraj. They both have stated that, on 16.07.2024 between 11:45 a.m. to 12:00 noon present applicant was seen assaulting Shravan by danda. Statements of these witnesses are also recorded before the learned Magistrate, and the same are said to be consistent. Thus, there is an eyewitnesses account.

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