2309ba519.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO. 519 OF 2011 (Smt. Gita Maruti Maldhure Vs. State of Maharashtra) ................................................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ................................................................................................................................................................................................................. Mr. Sudeep Jaiswal, Adv. for the applicant. Mr. N. R. Rode, A.P.P. for the respondent.. CORAM : U. V. BAKRE, J. DATED : 23RD SEPT., 2011 Heard. The applicant, who has been arrested on 9/4/2011 in Nandanvan Police Station, Nagpur Crime No. 51/2011 registered for offence punishable under Sections 302, 201, 120-B, 109 read with Section 34 of the Indian Penal Code, Section 4 read with Section 25 of the Arms Act and Section 135 of the Bombay Police Act, has filed the present application for bail. Murder of Ku. Monika Dashrath Kirnapure had occurred due to mis-identification as the alleged contract was given for killing Vrushali Sambare. It is seen from the record that the allegation against the present applicant is that she had burnt the blood stained clothes of her brother Umesh Marathe and of her relative Shrikant Sonekar in her house due to which Section 201 of I.P.C. has been applied. It is further seen from the record that the ash of the said alleged burnt clothes has been already recovered from the courtyard of the house of the applicant and even the report of the Chemical Analyser regarding the said ash 2309ba519.11.odt 2/2 has been received. The report shows that blood is detected in that ash mixed with mud. The husband of the applicant has given a statement which shows the role played by the present applicant. Altogether, there are six accused persons in the present case, out of which five are arrested and one Rajiv Jadhav is still absconding. Considering the fact that the offence of criminal conspiracy under Section 120-B of I.P.C. and also an offence under Section 109 of I.P.C. are applied, it cannot be said that the present applicant is only involved in destroying the material evidence. The charge-sheet has been already filed and the case has been committed to the Court of Sessions, but the trial has not begun. There is allegation of threatening being given to Vrushali Sambare. Life of an innocent girl has been taken. In view of the above, I am of the view that the present applicant should not be granted bail, at this stage. Hence, the application is rejected. JUDGE wwl wwl