Bombay High Court
REECHA BHARALIversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Allowed
- Bench
- N R BORKAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 108, 3(5), 80, 85
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.
Pramod S.Lakare
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908-aba-318-2026.doc
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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908-aba-318-2026.doc
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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