Bombay High Court

BABASAHEB CHAGAN RATHODversusTHE STATE OF MAHARASHTRA

Disposal: DISPOSED OFF
Bench: ABHAY S WAGHWASE

Holding

The bail application is dismissed; the applicant may seek bail again after the chargesheet is filed.

Summary

The applicant, Babasaheb Chagan Rathod, was arrested in April 2026 in connection with Crime No. 102 of 2026 for an alleged offence punishable under Section 103 of the Bharatiya Nyaya Sanhita, alleged to have pushed the deceased into a dam resulting in drowning. He contended that the prosecution’s case was based solely on circumstantial evidence, that there were no eyewitnesses, and that the chargesheet had not yet been filed, thereby seeking regular bail. The State argued that the applicant had an extra‑marital relationship with the deceased, that mobile‑tower data placed him near the dam, and that the investigation, though incomplete, indicated his involvement. The Court examined the submissions and noted that the absence of a filed chargesheet and the incomplete investigation did not justify granting bail at this stage. Consequently, the bail application was dismissed, with the Court directing that the applicant may file a fresh bail request after the chargesheet is filed.

Issues considered

Whether regular bail can be granted under Section 103 of the Bharatiya Nyaya Sanhita when the chargesheet has not been filed and the investigation is incomplete.

Legislation cited

Bharatiya Nyaya Sanhita — s. 103

Subjects

bail
Section 103 BNS
murder
extra‑marital affair
circumstantial evidence
chargesheet
incomplete investigation

Judgment

2026:BHC-AUG:27322


                                                                            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
                                                         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

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