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Bombay High Court

TULSI YOGESH SHINDEversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

The court held that the circumstantial evidence did not specifically implicate the applicant, and therefore bail was warranted.

Summary

The High Court considered the bail application of Tulsi Yogesh Shinde, a 24‑year‑old mother of a 16‑month‑old child, who was accused as Accused No.10 in a case involving the assault and subsequent death of a victim by members of the Pawar and Shinde families. The prosecution relied on eyewitness statements and CCTV footage, which showed the applicant present at the terrace before and after the assault but did not attribute any specific role to her in the beating. The court examined whether the circumstantial evidence sufficiently linked the applicant to the crime and whether she posed a flight risk or risk of tampering with evidence. Finding that the evidence did not specifically implicate her and noting her personal circumstances, the court concluded that bail was appropriate. Accordingly, the applicant was released on bail subject to standard conditions.

Issues considered

  • Whether the applicant is sufficiently implicated by the eyewitness statements and CCTV footage to deny bail.
  • Whether the applicant poses a risk of fleeing or tampering with evidence warranting denial of bail.
  • Whether the circumstances justify granting bail under the Criminal Procedure Code.

Subjects

  • bail
  • criminal procedure
  • circumstantial evidence
  • CCTV footage
  • flight risk
  • tampering with evidence
  • Maharashtra
  • High Court

Judgment

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                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CRIMINAL APPELLATE JURISDICTION

                                      CRIMINAL BAIL APPLICATION NO. 3243 OF 2026

                        Tulsi Yogesh Shinde                                  .. Applicant
                                   Versus
                        The State of Maharashtra                             .. Respondent
                                                       ....................
                            Mr. Ritesh B. Kesarwani a/w. Mr. Subhash Hulgalkar and Mr. Shirish
                             Desai i/b. M/s. Hulyalakar and Associate, Advocate for Applicant.
                         Mr. Yogesh M. Nakhawa, APP for the Respondent – State.
                         PSI Ghawate Chaitanya, Kothrud Police Station, Pune, present.
                                                        ................…
                                                       CORAM : MILIND N. JADHAV, J.
                                                       DATE        : AUGUST 18, 2026

                        P. C.:

                        1.        Heard Mr. Kesarwani, learned Advocate for the Applicant and Mr.

                        Nakhawa, learned APP for the Respondent–State.


                        2.        The Applicant before me is 24 years old, having a 16 month old

                        child, and is in incarceration in the present crime, having been

                        arraigned as Accused No.10. According to the prosecution case, there

                        were about 22 to 25 persons of the Pawar and Shinde family who

                        committed the present crime of beating up the decreased victim with

                        fist and kick blows and a wooden log ( लाकडी दांडका). The case of the

                        prosecution is based upon the accounts of certain eyewitnesses, which
RAJESHRI
PRAKASH                 are recorded and appended to the chargesheet. The said witness
AHER
Digitally signed by
RAJESHRI
PRAKASH AHER
Date: 2026.08.19
20:02:31 +0530
                        statements, prima facie, do not throw any light whatsoever with regard
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  to the specific role of the Applicant in committing and or assaulting the

  deceased victim. The CCTV footage, which has been produced and

  relied upon by the prosecution and appended to the Application, prima

  facie, shows the Applicant having gone to the terrace where the

  deceased victim was being beaten by the family members of the Shinde

  and Pawar families at 08:57 hours, and it is shown that 30 minutes

  thereafter, at 09:10 hours, she had come down along with another lady

  and one small girl. 15 minutes thereafter, she has again been seen

  going to the terrace along with her child. Within 9 minutes thereafter,

  the police had arrived at the scene of the crime. At the scene of crime,

  the mother of the deceased victim had also arrived along with her

  family members before that on being summoned by the family

  members of the Shinde and Pawar families. There was friction, scuffle

  and argument and beating of the victim which took place, pursuant to

  which the deceased victim, who was in a conscious state, left the

  terrace premises along with his mother, in a rickshaw and proceeded to

  a private hospital. At the said private hospital, after preliminary

  examination, he was advised to be taken to be to the Sassoon General

  Hospital at Pune, where he was taken in an Ambulance. While he was

  undergoing treatment at Sassoon General Hospital, Pune, the deceased

  person unfortunately lost his life. The cause of the death was due to



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  internal hemorrhage caused to the internal organs of the deceased –

  victim.


  3.        The case of the prosecution is based upon the eyewitnesses

  accounts, which are appended from Page No. 131 onwards, and which,

  prima facie, do not attribute or ascribe any specific role to the present

  Applicant in the assault. The statement of the first informant at Page

  131 also does not attribute any specific role to the Applicant, though

  the said statement specifically states her presence. However, the said

  statement categorically ascribes the role played by other family

  members when the mother of the deceased–victim arrived at the scene

  of crime. The CCTV footage panchanama, a copy of which is appended

  at Page No.117, is relevant in the context of the present Application

  argued by the learned Advocate. It has been described in detail, and in

  fact very meticulously, the movement of each and every persons, as also

  to the extent of identifying 13 out of the 22 to 24 persons who are seen

  to be present on the terrace where the beating incident took place. The

  motive and cause behind the same need not be mentioned by me here,

  as it is not directly relevant to the present issue since the assault is

  affirmed by eyewitness account. The Applicant before me is a 24 year

  old mother of a 16 month old daughter, who has suffered incarceration

  from the date of her arrest on 14th March, 2026, and has been in prison

  for more than five months.
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  4.        The entire Shinde and Pawar family resided in the said building,

  and in view of a certain issue between the deceased – victim and the

  daughter of Anil Shinde, the deceased – victim was called and beaten

  black and blue on the terrace of their building. The CCTV footage also

  prima facie show that the entire incident which took place on the

  terrace was witnessed by not only the elders who were residing in the

  building, but even small children who had come to the terrace after

  hearing the commotion over there, and, thereafter, left. The case of the

  prosecution qua the present Applicant before me being clearly

  circumstantial, and the role of the Applicant attributed to her from the

  various statements which are recorded, prima facie, makes out a case

  for grant of bail. Even otherwise, the CCTV footage categorically

  records that the Applicant, who had initially gone to the terrace, had

  returned, along with a child in her hand. In that view of the matter, the

  Applicant has made out a case for grant of bail, and I am inclined to

  release the Applicant on bail. Therefore the Application is allowed. The

  Applicant is, therefore, released on bail.


  5.        In view of the above the following order is passed:-


                                  :: O R D E R ::


           (i)    Applicant is directed to be immediately released from

           prison in connection with Crime No. 71 of 2026;

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           (ii)    Applicant is directed to be released on bail on furnishing

           P.R. Bond of Rs. 25,000/- (Rs. Twenty Five Thousand only), with

           one surety of the like amount;

           (iii)   Applicant shall report to the Investigating Officer at

           Kothrud Police Station, Pune, once every month on the first

           Sunday 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 she 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 any of the witnesses or

           tamper with the evidence in any manner;

           (vii)   Applicant shall keep the Investigating Officer informed of

           her 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.




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  6.        Bail Application is allowed and disposed of in the above

  terms.




                                        [ MILIND N. JADHAV, J. ]




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