Bombay High Court
FARIDA W/O NAIM KHAN FARIDA BANOversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The court granted anticipatory bail to the applicant with specified conditions.
Summary
The applicant, Farida W/o Naim Khan, a 69‑year‑old senior citizen, was implicated in a suicide case where her daughter‑in‑law, Nazmin Kasif Khan, allegedly suffered ill‑treatment and was driven to self‑destruction. The prosecution alleged that the applicant, along with her son‑in‑law (Accused No.1), had repeatedly demanded money and subjected the deceased to cruelty, charging the applicant under Sections 108, 80(2), 85, 115(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The applicant filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre‑arrest release. The court examined the prima facie case, noted that the main allegations were against the husband, and found no reason to deny bail, subject to strict conditions to prevent tampering with evidence or influencing witnesses. Consequently, the court granted anticipatory bail, directing the applicant to furnish a personal bond of Rs.30,000 with sureties and comply with several procedural conditions.
Issues considered
- Whether anticipatory bail should be granted to the applicant under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the applicant is likely to tamper with evidence or influence witnesses in the suicide case.
- Whether the allegations against the applicant constitute a sufficient ground to deny bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 108, 115(2), 3(5), 352, 80(2), 85
Subjects
- anticipatory bail
- Section 482
- suicide case
- domestic violence
- elderly accused
- bail conditions
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
39-ABA-1435-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ARJUN CRIMINAL APPELLATE JURISDICTION
VITTHAL ANTICIPATORY BAIL APPLICATION NO.1435 OF 2026
KUDHEKAR
Digitally signed by Farida W/o Naim Khan (Farida Bano) …Applicant
ARJUN VITTHAL
KUDHEKAR Versus
Date: 2026.08.25
12:53:27 +0530 The State of Maharashtra & Ors. …Respondents
Mr. Moin Nasir Shaikh (Through Video Conferencing), for the
Applicant.
Ms. M. R. Tidke, APP, for the Respondent-State.
CORAM: MADHAV J. JAMDAR, J.
DATED: 24 AUGUST 2026
PC:-
1. Heard Mr. Shaikh, learned Counsel appearing for the
Applicant and Ms. Tidke, learned APP, for the Respondent-State.
2. By this Anticipatory Bail Application filed under Section 482
of the Bharatiya Nagarik Suraksha Sanhita, 2023 , the Applicant is
seeking pre-arrest bail in connection with CR No.94 of 2025
registered with the Ramjanpura Police Station, Nashik Rural, for
the offences punishable under Sections 108, 80(2), 85, 115(2),
352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case is set out in Paragraph No.5 of the
Order dated 17th January 2026 passed by the learned Additional
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39-ABA-1435-2026.DOC
Sessions Judge, Malegaon, Dist. Nashik in Criminal Bail
Application No.1263 of 2025, which reads as under:
“5. The informant is the father of deceased. The informant
hails from Kandivali West, Mumbai. His daughter
Nazmin Kasif Khan aged 26 years had married with
accused No.1 Kasif Khan on 9.5.2022. Pursuant to her
marriage, she had resided with her husband and present
applicant / accused No.2 her mother-in-law. The
deceased had one son aged 1½ year. The deceased ended
her life by suicide on 2.9.2025. The informant has
narrated the instance of ill-treatment and cruelty by the
present applicant and her husband also the demand of
money by them time and again.”
4. Perusal of the record shows that the main allegations are
against Accused No.1, who is the husband of the deceased. The
Applicant is a senior citizen of 69 years. The Charge-sheet is
already filed. Accused No.1 has been arrested and released on
regular bail.
5. Thus, in the facts and circumstances, case is made out for
grant of anticipatory bail. In view thereof, the following Order is
passed:
ORDER
(a) In the event of arrest of the Applicant - Farida W/o
Naim Khan (Farida Bano) in connection with CR
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39-ABA-1435-2026.DOC
No.94 of 2025 registered with the Ramjanpura Police
Station, Nashik Rural, the Applicant is directed to be
released on bail on his furnishing PR Bond in the sum
of Rs.30,000/- with one or two solvent sureties in the
like amount.
(b) The Applicant shall attend the concerned Police
Station as and when called by the Investigating
Officer, till filing of the Charge-sheet.
(c) The Applicant shall furnish his cell phone number and
residential address to the Investigating Officer and
shall keep the same updated, in case of any change
thereto.
(d) The Applicant shall not directly or indirectly make any
inducement, threat, or promise to any person
acquainted with the facts of the case so as to dissuade
such a person from disclosing the facts to the Court or
to any Police personnel.
(e) The Applicant shall not tamper with the prosecution
evidence and shall not contact or influence the
Complainant or any witness in any manner.
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39-ABA-1435-2026.DOC
6. The Anticipatory Bail Application is disposed of accordingly.
[MADHAV J. JAMDAR, J.]
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