Bombay High Court
ARUNA ASHOK NIRBHAVANE AND ANRversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- ANTICIPATORY BAIL GRANTED
Holding
Anticipatory bail is granted to the applicants subject to conditions of bond, surety and cooperation with the investigation.
Summary
The application for anticipatory bail was filed by two women, the mother‑in‑law and sister‑in‑law of a deceased man who had allegedly committed suicide, alleging they were falsely implicated under Sections 108, 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The FIR was based on a complaint by the deceased’s mother and a suicide note that the prosecution claimed showed harassment by the applicants. The applicants argued there was no overt act of abetment, no criminal antecedents, and that the only alleged link was ordinary telephone conversations with the deceased’s wife, who had already been released on regular bail. The State contended that the suicide note demonstrated the applicants’ involvement. The Court examined the material, noted the lack of any concrete act or recovery, and considered the applicants’ gender and clean record, concluding that their personal liberty should be protected while ensuring they cooperate with the investigation. Consequently, the Court granted anticipatory bail with a bond of Rs. 25,000 and one surety, directing the applicants to appear before police as required.
Issues considered
- Whether the applicants are entitled to anticipatory bail despite allegations of abetment of suicide under the Bharatiya Nyaya Sanhita, 2023.
- Whether the suicide note constitutes sufficient material to deny anticipatory bail.
- Whether the applicants’ personal liberty outweighs the investigation’s need for custody.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 108, 3(5), 352
Subjects
- anticipatory bail
- abetment of suicide
- Bharatiya Nyaya Sanhita
- personal liberty
- suicide note
- police interrogation
Judgment
52-ABA-1185-2026.doc
vaishnavi
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 1185 OF 2026
Aruna Ashok Nirbhavane and Anr. ...Applicants
V/s.
State of Maharashtra
...Respondent
Mr. Nilesh Navale, for the Applicant.
Mr. Bapu V. Holambe Patil, APP for the Respondent – State.
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 28th SEPTEMBER, 2026.
P.C. :-
1. Heard the learned counsel for applicant as well as
learned APP for respondent.
2. This application is filed by two ladies who are mother-
in-law and sister-in-law of the deceased, seeking pre-arrest bail in
connection with FIR No. 355 of 2026 registered with Kalyan
Railway Police Station for the offence punishable under Sections
108, 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023.
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3. The FIR is registered on the basis of a report lodged by
mother of the deceased, alleging that her son-the husband of
accused no. 1, committed suicide on 3rd April 2026 on account of
harassment and abatement at the instance of accused persons.
4. The learned counsel for applicant submits that there is
nothing to show any overt act on the part of these applicants in
the nature of abatement to suicide. He further states that these
applicants were residing separately in their own respective
houses at Mulund and the deceased was residing with his wife-
accused no. 1 at Ambernath. He submits that there are no
allegations about any acts showing any immediate act for
abetment by these applicants. He submits that the only
allegations about their involvement is on account of their
telephonic conversations with the accused no. 1. It is submitted
that since the accused no. 1 and these applicants are closely
related, the usual telephonic conversations cannot be considered
to be an act of abatement. Apart from this, he submits that there
are no criminal antecedents against these applicants and in
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absence of any overt act showing proximity with the suicide, their
implication is without any basis. He also submits that accused no.
1-wife of deceased has already been released on regular bail by
order dated 11.06.2026 passed by the Sessions Court. He
therefore submits that there is nothing to be recovered against
these applicants and their custodial interrogation is not
warranted.
5. As against this, learned APP for the respondent has
opposed the application. He submits that during investigation a
suicide note was recovered which shows that these applicants
have harassed the deceased and in view of these allegations the
involvement of these applicants is apparent.
6. Perused the FIR and the documents placed on record.
It has to be noted that these applicants are arraigned as accused
no. 2 and 3 in the offence. The main accused i.e. wife of the
deceased has been released on regular bail. The only allegations
against these applicants appears to be based on suicide note. It
has to be noted that the charge sheet is already filed against the
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other accused persons and as such there is no question of any
recovery from these the applicants. Further, considering the fact
that these applicants are ladies, having no criminal antecedents,
their presence can be secured by directing them to attend the
Police Station whenever required.
7. Considering all above mentioned aspects the personal
liberty of these applicants needs to be protected, subject to
certain conditions.
8. Hence I pass the following order:
: ORDER :
(i) Anticipatory Bail Application is allowed.
(ii) In the event of arrest of these applicants in connection
with Crime No. 355 of 2026 registered with Kalyan Railway Police
Station for the offence punishable under Sections 108, 352, 3(5)
of the Bharatiya Nyaya Sanhita, 2023, they may be released on
bail on furnishing P.R. Bond of Rs. 25,000/- (Rupees Twenty
Thousand only) each with one solvent surety of the like amount.
(iii) The applicants are directed to attend the Police Station
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as and when called upon by the Investigating Agency.
(iv) The applicant shall extend cooperation during
investigation and trial.
9. The Application is accordingly allowed and disposed of
in above terms.
(PRAFULLA S. KHUBALKAR, J.)
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