1 82ba1537.26 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 82 BAIL APPLICATION NO. 1537 OF 2026 RAMA UTTAM GANGURDE VERSUS THE STATE OF MAHARASHTRA AND ANOTHER ... Advocate for Applicant : Mr. Shinde Sanket Sunil (Through Legal Aid) APP for Respondents/State : Mr. S.V. Hange … CORAM : HITEN S. VENEGAVKAR, J. DATE : 24.08.2026 PER COURT : 1. Heard the learned Advocate for the respective parties. 2. This application is filed for regular bail in connection with Crime No. 271 of 2025 registered with Nandurbar Taluka Police Station, District Nandurbar dated 09.08.2025 for the offences punishable under Sections 103 (1) of the BNS. 3. The informant is the son of the present applicant and the deceased was the wife of the present applicant. The allegations in brief as cited in the First Information Report are that the present applicant was allegedly involved in the relationship with one woman and on account of that there used to be regular quarrels in between the present applicant and the deceased. On one occasion it is alleged that the present applicant had threatened the deceased by stating that he will kill the deceased and the present informant and thereafter will get married 2 82ba1537.26 with a woman with whom he has relations and will bring her home. On the faithful day i.e. on 06.08.2025, when the informant went away for agricultural work, at that time at about 3.00 p.m., in the afternoon, when the present applicant and the deceased were alone at the residence, he received a phone call from the present applicant stating that the deceased had fallen from the bed and due to which she had sustained injuries and had expired. The informant when upon reaching home found that the deceased was lying on the floor and the blood was oozing out from her nose and mouth. There were also marks of abrasion on her neck. Upon inquiry as to how the deceased had died, the applicant informed that while he was away for some work and when he came back, he saw the deceased on the ground and therefore, according to the applicant, the deceased must have fallen from the bed and have sustained injuries and then died. The informant however, on seeing abrasion marks on the neck of the deceased and the blood was oozing out from the nose and mouth, had reason to believe that the applicant had committed murder of the deceased and hence lodged present FIR. 4. The learned Advocate for the applicant submitted that this is not a case of the eye witnesses and the FIR has been lodged against the present applicant merely on the suspicion that because of the applicant was maintaining relationship with some third woman, he must have committed murder of the deceased. He argued that the applicant was not even in the vicinity and had noted the death of the deceased only upon his return to the house and found the deceased lying on the floor. 3 82ba1537.26 He submits that apart from mere suspicion there is no material available on record to connect the present applicant with the alleged offence. He submits that the applicant is 50 years of age and has been in jail since last more than one year. He therefore, prays for releasing the applicant on bail. 5. Per-Contra, the learned APP submits that the informant in the FIR has specifically stated that the applicant and the deceased were alone in the house. He submits that the presence of the abrasion marks on the neck and the blood was oozing out from the mouth as well as nose of the deceased, clearly suggest that the deceased had not fallen from bed and the death was caused due to physical abuse and thereafter by throttling. He submits that the medical evidence by way of the postmortem report also suggest that the death is by throttling and not due to falling of the deceased from the bed. 6. He further relies upon the CDR report, which shows that the present applicant’s Mobile Phone location was found in vicinity and not out side the vicinity. The theory that has tried to be put up by the applicant does not supports him and on the contrary it is countered by the CDR reports. 7. He argues that the offence is heinous. The murder has been committed in very brutal manner, and therefore, the applicant does not deserve any discretionary relief and hence the application be rejected. 4 82ba1537.26 8. I have heard both the learned Advocates and also perused the entire copy of the charge-sheet. The investigation papers disclose the statements of several witnesses who have corroborated the theory of extra marital affair of the present applicant. The statements also narrate the fact that on account of extra marital affair there used to be regular quarrels between the deceased and the present applicant. The statements of the witnesses also show that the informant’s wife attempting to take the deceased for medical treatment, at that time the present applicant was opposing the same by stating that there is no necessity of taking the deceased to hospital and her dead body should be directly taken to the cremation for final rites. The conduct of the applicant opposing the medical treatment is an important conduct which should be taken into consideration. It is true that there is no eye witness to the actual assault, however, absence of the eye witnesses cannot itself be decisive with the occurrence of the incident which has taken within privacy of the residential house. The equally important fact is that the deceased and the applicant were spouse. This fact cannot be overlooked, particularly when the prosecution’s primary objection is to establish the alleged incriminating circumstances. Section 106 of the Bhartiya Nyaya Sanhita (for short BNS) cannot be employed for filling the gap in the prosecution case. It assumes relevance after the prosecution relieves the case. The foundational fact from which a reasonable inference may prima-facie arise. 9. In the present case the prosecution does not rely upon the 5 82ba1537.26 relationship of husband and wife. The material at this stage, prima-facie indicates that the applicant and the deceased were only present in the house at the relevant time. The applicant’s immediate explanation was that the deceased had fallen from bed, however, the medical findings in the postmortem report indicates that due to forced throttling there were external as well as internal injuries to the neck, including the fracture to muscle hyoid and hemorrhage to the muscle due to which there was infiltration of the blood, prima facie though the medical evidence is not consistent with the ordinary explanation fall from the bed. As stated above the CDR report has been collected by the prosecution, which prima-facie places location of the applicant in the concerned village at the relevant time. The another important aspect that has been pointed out by the learned APP is in respect of the seizure of the clothes allegedly bearing blood stains. This is one of the other circumstances. 10. Taking into aforesaid circumstances and the material collected by the Investigating Officer during the investigation, this Court is not inclined to allow the present applicant to be released on bail. Hence the application stands rejected. (HITEN S. VENEGAVKAR, J.) mahajansb/