CNR
MHNS010036572022
Order below Exh.1
in Cri. Bail Application No.905/2022.
( Nanda Laxman Nagare Vs State)
This application is moved by the applicant­accused Nanda
Laxman Nagare under section 439 of the Criminal Procedure Code for
grant of bail in connection with CR No. 259/2022 registered with
Sinnar Police Station, Tal. Sinnar, Dist. Nashik for the offence under
section 302 of the Indian Penal Code in respect of alleged incident of
murder of Laxman Baban Gajare.
2.

It is stated in the application that on 13.6.2022 applicant­
accused was arrested and was remanded to police custody till
16.6.2022, thereafter taken into the magistrate custody and since then
she is in jail. It is further stated that applicant­accused is innocent and
has no connection with the alleged offence and she has been falsely
implicated in the present crime. The antecedents of the applicant­
accused are clean. She has two kids. It is also stated that on the day of
incident deceased had consumed the liquor and abused as well as
threatened the applicant­accused and the children. The deceased
himself has inflected the injuries and when applicant­accused had seen
the deceased, he was lying in blood pool. The applicant­accused is
local resident and has deep root in the society, there is no chance of
her absconding and she is ready to abide all conditions laid down by
this Court, these and others ground set out in the application, hence,
prayed for bail.
3.

The prosecution objected the bail application. I.O. has filed
his report Exh.7.
4.

Heard, both the parties. Perused the record.

..2..

5.

The learned counsel Shri. G.P. Sanap submitted that the
police have seized all the weapons and articles during the course of
investigation. They have recorded statements of witnesses, therefore,
the investigation practically is over and the antecedents of the
applicant­accused is clean. No purpose will be served by detaining her
behind bar. Her two children are depending on her and therefore,
considering the peculiar facts of the case, he prayed to allow the
application.
6.

The learned AGP Smt. Chavan submitted that, there is
prompt FIR in the matter. The applicant­accused is facing charges of
committing murder of her husband. The material collected during the
course of investigation pointing out towards the guilt of present
applicant­accused. Her brother­in­law is the first informant and
considering the fact that the witnesses are family members, the
applicant­accused may influence the prosecution witnesses and
therefore, prayed to reject the application.
7.

On perusal of the record it appears that on 13.6.2022 at
about 5.00 a.m. the first informant received phone call from his friend
who informed him to go and visit the house of deceased as something
mishap has been occurred. Therefore, the first informant visited the
house of deceased and saw that his brother deceased Laxman Baban
Gajare was lying in the house and had sustained bleeding injuries. On
inquiry the son of the deceased disclosed that a quarrel took place
between his parents and his mother assaulted the deceased, therefore,
Ambulance was called and the deceased was taken to the Civil
Hospital, Sinnar and thereafter to Shivai Hospital, Sinnar, where he
was declared dead. It is also stated in the FIR that the deceased and
Cri. Bail Application No.905/2022.
..3..

accused were frequently quarreling with each other. The deceased was
in habit of consuming liquor and he was harassing the applicant­
accused and on the day of incident in the quarrel between the husband
and wife the applicant­accused had assaulted the deceased and caused
serious wounds and consequently the deceased succumbed to the
injuries.
8.

The incident had occurred in the house of deceased itself.

The incident is witnessed by the son of deceased. As stated above the
FIR is lodged by the younger brother of the deceased. Therefore, there
is
sufficient
material
against
the
applicant­accused
and
the
investigation is in progress. The witnesses are family members of the
deceased and therefore, there are chances that the applicant­accused
may pressurized them which will certainly hamper the prosecution
case. Therefore, considering the seriousness of the offence, the
application is devoid of merit and hence, liable to be rejected.
Accordingly, following order is passed.
ORDER
1.

Bail Application bearing No. 905/2022 is hereby rejected.

2.

Inform to the concern police station accordingly.

SHINDE
MADHAV
A
Date­02.08.2022
Digitally signed
by SHINDE
MADHAV A
Date: 2022.08.03
13:02:37 +0530
( M. A. Shinde )
Additional Sessions Judge­9,
Nashik.