BA-1023-2026 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 1023 OF 2026 Babasaheb Chagan Rathod .. Applicant Versus The State of Maharashtra Through Police Inspector, Gondi Police Station, Taluka Ambad, District Jalna. .. Respondent ….. Mr. P. C. Bhagure, Advocate for the Applicant. Ms. Ashlesha S. Deshmukh, APP for Respondent-State. ..... CORAM : ABHAY S. WAGHWASE, J. Reserved on : 09.07.2026 Pronounced on : 10.07.2026 ORDER : 1. Applicant seeks grant of regular bail on account of his arrest in Crime No.102 of 2026 registered at Gondi Police Station, District Jalna for offence punishable under Section 103 of the Bharatiya Nyaya Sanhita (BNS). 2. According to learned counsel, there is false implication. That, there is no foundation to the story developed by prosecution and the case is based on circumstantial evidence. According to him, there is no witness seeing applicant and deceased together going towards the dam and therefore, allegations of applicant pushing the deceased in 2026:BHC-AUG:27322 BA-1023-2026 -2- the dam are baseless. That, deceased died due to drowning. It is alleged that deceased and applicant had extra marital affair, as both were married. He further submitted that, even story of prosecution that, deceased insisted accused to stay together, has no foundation. That, applicant is behind bars since April, 2026. However, on court query, he submitted that chargesheet is not filed. 3. Learned APP, while opposing the bail application, submitted that applicant had extra marital relations with deceased. That, investigation revealed that he took her on motorcycle towards the dam and as she insisted for living together, he pushed her in spite of knowing that she did not knew swimming. That applicant’s mobile was traced at a liquor shop where he later visited. That, tower location shows applicant to be in the vicinity of dam where deceased was found to have drowned. She also emphasized that, investigation is still incomplete and chargesheet is not filed. 4. After considering the above submissions, it seems that, applicant is arrested in Crime No. 102 of 2026 registered at Gondi Police Station for offence under Section 103 of BNS. According to prosecution, applicant had extra marital affair with deceased. It is further case of prosecution that applicant took deceased towards the BA-1023-2026 -3- dam and further, pushed her as a result of which she drowned and died. Learned APP has placed on record details of tower location of the mobile allegedly owned by the accused. His location is said to be showing he to be present in the vicinity of dam when deceased drowned. Moreover, investigation is still incomplete and as chargesheet is not filed, this court does not find it a fit case to extend relief as prayed. Hence, I proceed to pass the following order: ORDER I. The application is dismissed. II. The applicant is at liberty to renew his request for bail after filing of chargesheet. [ABHAY S. WAGHWASE, J.] vre