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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

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



                                                      Page 1
                      Arjun
                                                     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




                                   Page 2
Arjun
                                                     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.




                                  Page 3
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                                                   39-ABA-1435-2026.DOC




6.      The Anticipatory Bail Application is disposed of accordingly.




                                           [MADHAV J. JAMDAR, J.]




                                 Page 4
Arjun


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