Ashabai Gajanan Bodkhe vs the State of Maharashtra

The applicant is seeking regular bail in connection with Crime No. 489/2025, registered with Kadim-Jalna Police Station, District Jalna, for the offences punishable under Sections 103(1) , 109, 115(2), 3(5), 352, 3(5) of Bharatiya Nyaya Sanhita, 2023.

Applicant is alleged to have assaulted Sagar, son of the informant, along with co-accused. Co-accused Raja, and Vijay assaulted him by iron

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rod and applicant is alleged to have assaulted him by fist and blows. Sagar was shifted to hospital. He succumbed to the injuries on 22.11.2025.

Learned counsel Mr. P.P. More, appearing for the applicant submits that first information report does not spell out name of co-accused Madan, who is implicated by way of supplementary statement. In view of the supplementary statement, the F.I.R. becomes doubtful. It is submitted that the eye witnesses are not reliable. Applicant is falsely implicated in the offence in question. The fatal assault is alleged to have committed by coaccused.

Learned APP opposes the submissions. It is submitted that informant is corroborated by eye witnesses Laxmi and Sangita, who are independent witnesses. Previously also Sagar was beaten up and assaulted by sons of the applicant. Applicant and co-accused Madan along with others assaulted Sagar. The weapon is recovered at the instance of applicant. The postmortem report shows as many as 13 injuries on the body of Sagar, which is inculpatory for the applicant also.

It is revealed from papers of investigation that informant was knowing the applicant and other co-accused. Previously applicant’s son had assaulted Sagar. First information report spells out attack at the instance of sons of the applicant by iron rod. Applicant is alleged to have assaulted by kicks and blows.

My attention is adverted to supplementary statement of the informant. It is added by her that co-accused Madan is also one of the assailants and there was previous quarrel between her son and the coaccused. The statement of Laxmibai and Sangita would corroborate that Sagar was being assaulted by applicant and co-accused Madan. Those two are the eye witnesses. In the first informant report the participation of Madan is omitted.

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The weapon is recovered at the instance of applicant. In all 13 injuries are noted during the postmortem. The attack was brutal but the role of the applicant can be that of incitement and assault by fist and blows.

The applicant is a woman and she is behind bar since 26.11.2025. She deserves to be enlarged on bail on stringent conditions. I, therefore, pass following order.

The applicant Ashabai w/o Gajanan Bodkhe , shall be released on bail in connection with Crime No. 489/2025, registered with Kadim-Jalna Police Station, District Jalna, for the offences punishable under Sections 103(1), 109, 115(2), 3(5), 352, 3(5) of Bharatiya Nyaya Sanhita, 2023, on following conditions:

(a) The applicant shall furnish P.R. bond of Rs. 70,000/- (Rs. Seventy Thousand only) with one solvent surety of like amount.

(b) The applicant or any body on her behalf shall not contact with the prosecution witnesses and tamper the evidence.

(c) The applicant shall furnish her mobile/cell number and address to the investigating officer.

(d) The applicant shall stay away from entire Jalna Taluka, till conclusion of the trial, save and except for attending the trial.

(e) Applicant shall cooperate for expeditious disposal of the trial.