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Bombay High Court

REECHA BHARALIversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Allowed

Holding

The court allowed the anticipatory bail applications, directing release on bail upon arrest with a bond of Rs. 25,000.

Summary

The applicants sought anticipatory bail fearing arrest in Crime No. 904 of 2024, which involved offences under Sections 108, 80, 85 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The FIR was lodged on 21 December 2024 despite the alleged incident occurring on 3 September 2024, creating a substantial delay. The court noted that the investigation was complete, the charge‑sheet had been filed, and there was no material linking the applicants to the alleged suicide. Considering the delay, the applicants' cooperation with the investigation, and the lack of evidence of their involvement, the court inclined to grant anticipatory bail. It ordered that, if arrested, each applicant be released on bail upon furnishing a personal bond of Rs. 25,000 with one or two sureties of equal amount.

Issues considered

  • Whether anticipatory bail should be granted in view of the delay in lodging the FIR and the completed investigation
  • Whether the applicants pose a risk of fleeing, tampering with evidence, or influencing witnesses

Legislation cited

Subjects

  • anticipatory bail
  • delay in FIR
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • bail bond
  • investigation completed

Judgment

                                                        908-aba-318-2026.doc


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION

        ANTICIPATORY BAIL APPLICATION NO. 318 OF 2026

Reecha Bharali                                …Applicant

        V/s.

The State of Maharashtra and Anr.             ...Respondents

                          WITH
      ANTICIPATORY BAIL APPLICATION NO. 1958 OF 2025

Kabeer Bhismadevari Bhara                          …Applicant

        V/s.

The State of Maharashtra                           ...Respondent

                           WITH
      ANTICIPATORY BAIL APPLICATION NO. 1957 OF 2025

Jyoti Koch Deori                              …Applicant

        V/s.

The State of Maharashtra                      ...Respondent



Mr. Sarthak Shetty, Advocate for the Applicant in All Applications.
Mr. B. V. Holambe Patil, APP for the Respondent/State.
Adv. Kushal Mor i/b Mr. Rohan Chavan a/w Mr. Rishab Khot,
Advocate for Respondent Nos.2.


                           CORAM          :   N.R. BORKAR, J.
                           DATE           :   12.02.2026.




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P.C. :

1.                All these applications are arising out of the one and the

same crime and thus they are being disposed of by this common

order.


2.                The applicants are apprehending their arrest in Crime

No. 904 of 2024 registered at Goregaon Police Station, for the

offences punishable under Sections 108, 80, 85 and 3(5) of the

Bharatiya Nyaya Sanhita, 2023.


3.                I have heard the learned counsel for the applicant, the

learned APP for the respondent-State and the learned counsel for

the first informant.



4.                This    Court   on   17.07.2025      in     Anticipatory        Bail

Application No. 1957 of 2025 and Anticipatory Bail Application No.

1858 of 2025 passed the following order :

                  .      The learned Counsel for the applicants
                  submits that marriage between the deceased
                  and applicant Kabeer was solemnized on 31
                  October 2021. The unfortunate incident of the
                  deceased’s suicide occurred on 3 September
                  2024.    However,    despite   the        lapse   of    a
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                  considerable period, the FIR was not lodged
                  until 21 December 2024. The learned Counsel
                  submits that this substantial and unexplained
                  delay in lodging the FIR casts serious doubts on
                  the veracity and immediacy of the allegations
                  made against the applicants. With respect to
                  applicant Jyoti, the learned Counsel submits that
                  she is the mother-in-law of the deceased and,
                  crucially, was not residing with the deceased at
                  the relevant time. Instead, she was living
                  separately in the State of Assam. There is no
                  material on record to indicate that the deceased
                  was driven to suicide due to any direct or
                  indirect instigation, harassment, or involvement
                  by the applicants. The learned Counsel further
                  submits that the applicants were served with a
                  notice under Section 3(5) of the Bharatiya
                  Nyaya Sanhita, 2023, in pursuance of which
                  they appeared before the investigating officer.
                  The applicant have fully cooperated with the
                  investigation, and their statements have been
                  duly recorded. The learned Counsel further
                  submits that the investigation in the present
                  matter stands concluded, and there remains no
                  further requirement for recovery or discovery of
                  any material from the applicants.

                  2.   The learned Counsel further seeks leave to
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                  implead       the   first    informant    as   a      party
                  respondent to this application. Leave granted as
                  prayed for. The necessary amendment shall be
                  carried out within one week from today. After
                  the amendment is carried out, issue notice to
                  the newly added respondent.

                  3.      The   learned       APP     concedes   that     the
                  investigation is almost complete and nothing is
                  to be recovered from the applicants.

                  4.      By consent, stand over to 8 August 2025.
                  There shall not be any coercive action against
                  the applicants in the present crime till the next
                  date.



5.                The investigation is over and the prosecution has

already filed the charge-sheet against the present applicants.

Prima-facie, there appears to be a delay in lodging the FIR.

Considering the overall facts and circumstances, I am inclined to

release the applicants on anticipatory bail. In the result, the

following order is passed :

                                      ORDER


                  a)      The Application is allowed.


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                  b)    In the event of arrest of the applicant in

                  connection with Crime No. 904 of 2024 registered

                  at   Goregaon   Police   Station,   for   the   offences

                  punishable under Sections 108, 80, 85 and 3(5) of

                  the Bharatiya Nyaya Sanhita, 2023, the applicant

                  be released on bail on furnishing P.R. Bond in the

                  sum of Rs. 25,000/- each with one or two sureties in

                  the like amount.



                                                      [N.R.BORKAR, J.]




Pramod S.Lakare
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