RB43BA1718-26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 1718 of 2026 Rajshri w/o Digambar Chalwad Age 45 years, Occu: Household and agri. R/o Budhoda Tq.Ausa Dist. Latur ... Applicant VERSUS The State of Maharashtra Through Police Inspector, Ausa Police Station,Tq. Aust, Dist. Latur. … Respondent ..... Mr. Rahul Pandhari Cheble, Advocate for the Applicant Mr S. A. Gaikwad, APP for the Respondent State Mr. P. P. More, Advocate, assists to PP. CORAM : HITEN S. VENEGAONKAR, J. DATE: 21st September, 2026 ORDER:- 1. Heard the learned Advocate for the applicant, learned APP for the State and learned Advocate for the original complainant. With the assistance of learned APP, I have also gone through the investigation papers which were produced before this Court, as the investigation is still in progress. 2. By the present application, the applicant is seeking regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No. 385 of 2026 registered with Ausa Police Station District Latur, for the offences punishable under Section 105 of Bhartiya Nyaya Sanhita, 2023. 1 of 6 2026:BHC-AUG:42965 RB43BA1718-26 3. The prosecution case, in brief, is in respect of an incident that took place in the house of the applicant on the night of 19.06.2026. It is alleged that the deceased husband of the present applicant by name Digambar is stated to have returned home consuming liquor and have started abusing the applicant and their daughter. During the ensuing quarrel, the applicant allegedly pushed the deceased causing him to fall and thereafter stuck – hum with an assault of wooden stick on the head. The following day, the deceased complained of having severe pain in his left arm and therefore he was taken for treatment by the present applicant and her son. It is alleged that his conditions thereafter deteriorated and he was therefore admitted in Phonix Hospital at Latur on 23.06.2026. He succumbed to the head injury on 27.06.2026. Following an inquiry into the accidental death and receipt of the medical opinion, the police proceeded to register an offence on 09.07.2026 and the applicant came to be arrested on the same day i.e. 09.07.2026. Since then, the applicant is in custody. The applicant is a wife/woman and therefore, the present bail application is also decided by taking the said fact into consideration. 4. The learned Advocate appearing for the applicant submits that the procurance arose suddenly in the course of a domestic quarrel. There was absolutely no intention or preparation to cause death of the deceased. The allegation is of a single blow and one push due to which, the deceased fell down. It is further argued that the applicant and her son subsequently had taken the deceased to the Hospital for 2 of 6 RB43BA1718-26 treatment. He was admitted and for several days, he received medical treatment, however, ultimately he died. The learned counsel also points out that the wooden stick has already been seized and submits that her further detention is unnecessary. He argues that the applicant is a wife, the entire incident arose during the domestic quarrel between the husband and wife. During the said quarrel, suddenly the alleged incident of assault has taken place. Coupled with the fact that the applicant is not the hard-earned criminal and have no criminal antecedents, the continuous custody of the present applicant is therefore, unwarranted. 5. The learned APP opposes the application and submits that the allegations cannot be treated as a mere accidental fall. There is specific allegation of a blow on the head after the deceased had fallen. The medical record indicates that there is a cerebral contusions as well as injury to the left shoulder. According to the prosecution, there was a delay in obtaining appropriate treatment for the head injury. The daughter is a material witness and being member of the applicant’s family, may be susceptible to the influence of the present applicant as the present applicant being her mother. He argues that in the interest of justice and for the impartial investigation, the application at least till completion of investigation be rejected. 6. The learned Advocate appearing for the original complainant submits that there has been dispute over the agricultural property between the present applicant and the family members of the 3 of 6 RB43BA1718-26 deceased. He submits that that the applicant was aggressor and it cannot be said that the death of the deceased has been caused due to accidental fall. According to him, there was a a clear intention of committing murder of the deceased and that can be inferred from the fact that the after the push and fall of the deceased on ground, a severe blow of wooden stick is given on the vital part of the body of the deceased. This amounts to intention and knowledge. He submits that merely because the applicant is woman, at this stage, when the investigation is in progress, the application should not be considered. He also submits that the medical record supports the allegation that has been levelled against the present applicant. He admits that it may be a good case for release of the applicant post the charge-sheet but during pendency fo the charge-sheet, the application should not be considered. 7. I have considered the submissions and the material presently available. The medical findings, no doubt, disclose serious injuries, and the death must be fully investigated. At this stage, the allegation of a blow with a stick cannot be brushed aside by this Court by describing the entire occurrence as a whole. Equally the circumstances in which the entire act has occurred matters the most for considering the bail application. On the prosecution's account, the quarrel began when the deceased returned home after consuming liquor and started abusing the present applicant and their daughter. There is no allegation of a prior planning or of a repeated assault. Whether the fatal head injury was caused by the fall, the alleged blow by the applicant using wooden 4 of 6 RB43BA1718-26 stick or it is a combined effect and whether there was any intention or knowledge, which can be attributed to the present applicant are some important questions which will have to be determined upon the leading of evidence at the time of trial. It would be too premature for this court, while considering the application to decide them conclusively in the present application. 8. The applicant’s status as a woman is a relevant consideration under the bail provisions, though it does not confer an automatic right to be released on bail. In the present case, she has been arraigned as a sole accused with no criminal antecedents and with also a permanent and fixed residence. The alleged stick has been already recovered and seized and she has already undergone the period of police custody. The concern regarding the daughter and other witness is substantial, particularly, while the investigation is continuing but can be addressed by strict conditions. 9. Taking into consideration the circumstances of the occurrence, the nature of the evidence, the period of custody and the stage of investigation together I am satisfied that continued detention of the present applicant is not necessary and the applicant can be released on bail on certain conditions. Hence, the following order:- ORDER (i) The Bail Application is allowed. (ii) The Applicant, in connection with with Crime No. 385 of 5 of 6 RB43BA1718-26 2026 registered with Ausa Police Station District Latur, for the offences punishable under Section 105 of Bhartiya Nyaya Sanhita, 2023 be released on bail on furnishing personal bond of Rs.25,000/-( Rupees Twenty Five Thousand only) with one or two sureties of the like amount. (iii) The Applicant shall attend the concerned police station on 1st Monday of every month between 10.00 a.m. and 12.00 noon till filing of the charge-sheet and thereafter once in a month, till framing of charge. (iv) The Applicant shall not pressurize the prosecution witnesses and shall not tamper with the prosecution evidence, in any manner. ( HITEN S. VENEGAONKAR, J.) JPChavan 6 of 6