Bombay High Court
MADHURI DATTATRYA THAKAREversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail is granted to the applicant on the stipulated conditions.
Summary
Madhuri Dattatraya Thakare, accused of offences under Sections 302, 201, 120(b) and 34 of the IPC, applied for enlargement of bail after being in custody for three years and six months. The trial is ongoing with only four of about twenty‑five prosecution witnesses examined, and the case against her is purely circumstantial with no direct role attributed. The court noted her relationship with another accused as the basis for the conspiracy allegation, but also considered her responsibility for two minor children and the unlikely near‑term conclusion of the trial. Weighing these factors, the judge granted bail on a personal bond of Rs. 15,000 with one surety and imposed standard conditions, including monthly reporting, non‑interference with witnesses, and restriction on leaving the state. The order expressly limited its observations to bail and did not address the merits of the case.
Issues considered
- Whether the applicant, despite being charged with serious offences including murder, is entitled to bail given the length of pre‑trial detention and the circumstantial nature of the evidence.
- Whether the applicant's personal circumstances, such as having minor children, justify bail.
Legislation cited
- Indian Penal Code — s. 120(b), 201, 302, 34
Subjects
- bail
- murder
- conspiracy
- circumstantial evidence
- pre‑trial detention
- minor children
- surety
- court conditions
Judgment
Digitally
signed by
MEERA
MEERA MAHESH 42-ba-2998-26.doc
MAHESH JADHAV
JADHAV Date:
2026.09.22
11:30:26
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.2998 OF 2026
Madhuri Dattatraya Thakare .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
Mr. S.S. Sawalkar a/w Ms. Advia Tandon, Advocates for Applicant.
Ms. Shilpa G. Talhar, APP for Respondent - State.
................…
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 21, 2026
P.C.:
1. Heard Mr. Sawalkar, learned Advocate for Applicant and Ms.
Talhar, learned APP for Respondent - State.
2. By this Bail Application, Applicant is seeking enlargement on
bail in C.R. No.117 of 2023 registered with Jaykheda Police Station,
Tal-Satana, Nashik for the offences punishable under Section 302, 201,
120(b) and 34 of the Indian Penal Code, 1860.
3. The Applicant in the present application is the woman. She
has been involved in the present crime on the ground of conspiracy
with Accused No.2. However, there is no direct role of the Applicant in
so far as the act in question is concerned. She has been in custody for
the past three years and six months. The trial has commenced, and
only four out of the approximately twenty-five prosecution witnesses
have been examined so far. In these circumstances, the possibility of
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the trial being concluded in the near future appears remote. The case
of the prosecution qua the Applicant before me is purely
circumstantial. Even though no specific role has been attributed to
her in the crime in so far as her role is concerned, she has been shown
to be involved in a relationship with the Accused No.2, which is the
reason as to why she has been alleged to be involved in the conspiracy.
4. Be that as it may, the Applicant also has two minor children
to support. Having regard to the fact that she has been in incarceration
for a considerable period and that the trial is unlikely to be concluded
in the near future, I am inclined to consider the request made by the
Applicant for her release on bail.
5. The Applicant is released on bail on the following terms and
conditions:
(I) Applicant - Madhuri Dattatraya Thakare is directed to
be immediately released from prison in connection with
C.R. No. 117 of 2023;
(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs. 15,000/- (Rupees Fifteen
Thousand only) with one surety of the like amount;
(iii) Applicant shall report to the Investigating Officer at
Jaykheda Police Station, Nashik once every month on
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the first Sunday of the month between 10:00 a.m. to
12:00 p.m.;
(iv) Applicant shall co-operate with the conduct of trial and
attend the Trial Court on all dates, unless specifically
exempted and will not take any unnecessary
adjournments, if he does so it will entitle the
prosecution to apply for revocation of this order;
(v) Applicant shall not leave the State of Maharashtra
without prior permission of the Trial Court;
(vi) Applicant shall not influence with any of the witnesses
or tamper with the evidence in any manner;
(vii) Applicant shall keep the Investigating Officer informed
of his current address and mobile contact number and /
or change of residence or mobile details, if any, from
time to time, as applicable; and
(viii) Any infraction of the conditions shall entail
cancellation of bail granted to the Applicant.
6. It is clarified that the observations made in this order are
limited for the purpose of granting bail only and I have not made any
observations on merits of the case. The trial shall be adjudicated on
the strength of the evidence led and strictly on its own merits being
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uninfluenced with any of the prima facie observations made
hereinabove in this order.
7. Bail Application is allowed and disposed of in the above
terms.
[ MILIND N. JADHAV, J. ]
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