CNR
MHNS010029462022
Order below Exh.1 in Cri. Bail Application No.735/2022.
[ Sunita Anil Zendphale Vs. State ]
This bail application is moved by the applicant­accused
Sunita Anil Zendphale for releasing her on bail under section 439 of
Cr.P.C., in connection with CR No.196/2022 registered with Dindori
Police Station, Tal. Dindori for the offence U/sec. 302, 201, 120­B,
r/w sec. 34 of Indian Penal Code, registered on 3.6.2022. Applicant­
accused was arrested on 5.6.2022 and produced before the Court and
remanded to Police custody till 9.6.2022 and thereafter remanded to
Magisterial custody and since then she is in jail.
2.

It is stated in the application that, the applicant­accused
being wife of the deceased Anil Rajaram Zendphale has nothing to do
with present crime. At the time of incident she was residing at her
matrimonial house alongwith her children. She has been falsely
implicated in present case. The deceased was mentally ill and was
hard drunked and inspite of all these things she had continued with
him and performed her matrimonial duties. However, on the
contrary, the deceased was abusing and assaulting her, therefore, she
has no option but to left his company and therefore, she went to
residing with matrimonial house. Hence, prayed for grant bail on the
grounds set­out in the application.
3.

Application is strongly opposed by the State by filing
say/report and submitted that, offence is serious, applicant­accused
is responsible for the death of the deceased. She had conspired with
accused No.1 Dipak Dattu Gave to commit the murder of her husband
Anil and the phone call recorded of these two accused, prima facie
discloses that she was in contact with accused No.1 till the murder of
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her husband Anil and therefore, submitted that there is sufficient
material against the applicant­accused and the investigation is in
progress. Therefore, at this juncture, it would not be proper to
entertain the present bail application and prayed to reject the
same.
4.

The learned counsel Shri. A.D. Avhad submitted that
applicant­accused has been implicated falsely. Inspite of the fact
that her husband was not co­operating with her in the matrimonial
duties and on the contrary was abusing and beating her under
influence of liquor and he was mentally ill and therefore, the
applicant­accused went to her maternal house and started her life
again with the help of her parents. He submitted that just because
of some telephonic record in between both the accused, it is not
necessary to jump to the conclusion that the applicant­accused has
conspired to commit the murder of her husband Anil. He pointed
out that the FIR is against the unknown person filed by her brother­
in­law. She was not suspected in the crime by the first informant.
There is no direct evidence of the incident and therefore, prayed to
allow the bail application.
5.

The learned APP Shri. Suryvanshi submitted that the
applicant­accused had her love affair and had extra marital
relationship with the accused No.1 and they both hatched
conspiracy to commit the murder of Anil, so as to remove him from
their life and relationship and consequently, Anil was allured by the
accused No.1 by taking him for drinking liquor and took to the spot
of incident and assaulted him by a Hammer on his head and
thereby committed murder and caused disappearance of the
Cri. Bail Application No.735/2022 .
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evidence and throughout this period the accused No.2 i.e. the wife
of the deceased was anxiously in contact with accused No.1.
Therefore, he submitted that there is sufficient material against the
applicant­accused and at this stage the investigation is in progress,
the present bail application may not be entertained.
6.

Admittedly, the FIR is registered against the unknown
person. It is not disputed that deceased Anil was mentally ill and
was in habit of drinking liquor. His behaviour was not proper and
therefore, his wife i.e. the applicant­accused left his company and
went to reside with her children at her maternal house.
7.

However, as the investigation was progressed, the
police with the help of CCTV footage and the CDR record reached
to the accused No.1 and 2 and the entire evidence collected
pointing out the involvement of both the accused. As the accused
No.2 i.e. the present applicant insisted the accused No.1 to murder
her husband as his behaviour is unbearable and she want to remove
her husband from her life and the relationship with accused No.1
and therefore, accused No.1 agreed and accept the request of
accused No.2 and committed murder of deceased Anil. The entire
record placed before me including the PM Report and panchanamas
carried out by the police, the Hammer used in the crime is already
recovered the clothes of the accused are also recovered. Thus, the
police have made remarkable progress in the matter. However, the
investigation is at its delicate stage and considering the seriousness
of the offence release of the present applicant­accused on bail
would certainly caused prejudice to the police machinery and
hurdle in the investigation. Therefore, I am not inclined to grant
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present bail application. Hence, following order.

ORDER
1)
Bail application No.735/2022 is hereby rejected.

2)
Inform concerned police station.

SHINDE
MADHAV A
Date­ 23.06.2022
Digitally signed by
SHINDE MADHAV A
Date: 2022.06.23
17:52:54 +0530
( M. A. Shinde )
Additional Sessions Judge­9,
Nashik.