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Bombay High Court

RATNA MITHAILAL BARUDversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

Bail was granted to the applicant on a bond of Rs 30,000 with conditions, pending trial.

Summary

The applicant, Ratna Mithailal Barud, sought regular bail in a case involving murder, attempted murder, assault, extortion, criminal intimidation, and conspiracy under multiple statutes, including the IPC and the Maharashtra Control of Organised Crime Act. The prosecution alleged that she conspired with two accused to murder the father of her daughter, the informant, and argued she could threaten witnesses if released. The defense contended that she was not present at the crime scene, has no prior record, and has been in custody for over two years without trial progress. The court noted the need for evidence to prove conspiracy, the prolonged pre‑trial detention, and the lack of trial advancement. Considering these factors, the court granted bail on a bond of Rs 30,000 with one or two sureties and imposed conditions to prevent tampering with evidence or contacting witnesses. The order emphasized that the trial court would decide the case on its merits independently of the bail order.

Issues considered

  • Whether bail should be granted to an accused charged with murder, conspiracy, and organized‑crime offences despite the seriousness of the charges
  • Whether the prolonged pre‑trial detention and lack of trial progress justify bail
  • Whether the risk of witness intimidation warrants denial of bail

Legislation cited

Subjects

  • bail
  • murder
  • conspiracy
  • organized crime
  • pre‑trial detention
  • witness intimidation
  • Indian Penal Code
  • Maharashtra Control of Organised Crime Act

Judgment

                                                                              21-BA-2868-2025 (CR).doc


                      Shubhada S Kadam


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION
                                         BAIL APPLICATION NO. 2868 OF 2025

                      Ratna Mithailal Barud                                      ...Applicant
                      Versus
                      The State of Maharashtra                                   ...Respondent
                      _________________________________________________________________
                      Mr. Aniket Vagal, Advocate for the Applicant.
                      Ms. Ranjana D. Humane, APP for Respondent-State.
                      API- J. V. Dalavi, Nigadi Police Station, present.
                      _________________________________________________________________

                                                          CORAM          :   SHIVKUMAR DIGE, J.
                                                          DATE           :   23rd JANUARY, 2026.
                      P.C. :



                      1.          By this application, the applicant is seeking regular bail in

                      Crime No. 737 of     2023 registered with Nigadi Police Station, Pimpri-

                      Chinchwad, for the offences punishable under Sections 302, 307, 323,

                      452, 506, 120-B read with 34 of the Indian Penal Code 1860, Sections

                      4(25) of the Arms Act, Sections 37(1)(3) read wtih 135 of the Maharashtra

                      Police Act, 1951 and Sections 3(1)(i)(ii), 3(2) and 3(4) of the Maharashtra

                      Control of Organised Crime Act, 1999.
SHUBHADA
SHANKAR               2.          It is prosecution’s case that on 7th       December 2023, around
KADAM
Digitally signed by
SHUBHADA
                      10:15 am,      accused Nos.1 and 2 barged into the house of the first
SHANKAR KADAM
Date: 2026.01.28
11:15:59 +0530
                      informant and murdered her father. The applicant is the mother of the first


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                                                    21-BA-2868-2025 (CR).doc


Shubhada S Kadam


informant. It is alleged that on the say of the applicant, the accused Nos.1

and 2 murdered the deceased.

3.          It is contention of learned counsel for the applicant that the

applicant is a lady and she is behind bars for more than two years. The

allegation against her is of conspiracy. She was not present at the time of

the incident. She has no antecedents and requested to allow the

application.


4.          It is contention of learned APP that the applicant is the main

culprit. On her say, accused Nos.1 and 2 murdered the deceased. The first

informant is the daughter of the applicant. If the applicant is released on

bail, she may threaten the first informant and prosecution witnesses and

requested to reject the application.


5.          I have heard all learned counsel, perused the charge sheet, and

documents produced on record. The applicant is a lady. She is behind bars

for more than two years. There is no progress in the trial. The allegations

are of conspiracy, and to prove them, evidence is required. It may take

time to conclude the trial. Considering these facts, I pass the following

order:


                                   ORDER

         (i) The applicant be enlarged on bail in Crime No. 737 of 2023


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                                                     21-BA-2868-2025 (CR).doc


Shubhada S Kadam


            registered with Nigadi Police Station, Pimpri-Chinchwad, on

            executing P.R.Bond in the sum of Rs.30,000/- with one or two

            sureties in the like amount.

        (ii) The applicant shall attend the concerned police station as and

            when required.

        (iii) The applicant shall not tamper with the evidence or attempt to

            influence or contact the complainant, witnesses or any person

            concerned with the case.

           The application is allowed in the aforesaid terms and is

accordingly disposed of.

6.         It is made clear that the above observations are made only for

the purpose of granting bail and the Trial Court shall decide the case on its

own merits in accordance with law and uninfluenced by the observations

made in this order.

7.         All concerned to act on the authenticated copy of this order.



                                               (SHIVKUMAR DIGE, J.)




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