XYZversusTHE STATE OF MAHARASHTRA AND ANOTHER

2026:BHC-AUG:41618
                                               -1-
                                                                  952-ABA-172-2025

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                   APPLICATION FOR CANCELLATION OF BAIL NO. 172 OF 2025
                                         WITH
                   APPLICATION FOR CANCELLATION OF BAIL NO. 176 OF 2025
                                         WITH
                   APPLICATION FOR CANCELLATION OF BAIL NO. 178 OF 2025
                                         WITH
                   APPLICATION FOR CANCELLATION OF BAIL NO. 177 OF 2025

                                         XYZ
                                        VERSUS
                        THE STATE OF MAHARASHTRA AND ANOTHER

                                              ......
              Advocate for Applicant : Mr. Ashish Babasaheb Lokhande
              APP for Respondent - State : Mr. D. J. Patil
              Advocate for Respondent No.2 : Mr. Prathamesh M. Borde h/f. Mr.
              Shailesh S. Chapalgaonkar
                                              ...…

                                          CORAM : HITEN S. VENEGAVKAR, J.
                                          DATED : 3rd SEPTEMBER 2026
              PER COURT :

              1.          Heard learned Advocates for respective parties.


              2.          All these applications are filed for cancellation of the

              bail of respective accused persons who have been granted bail by

              the learned Trial Court in connection with the FIR bearing No.383

              of 2025 registered with Kopargaon Police Station, Kopargaon,

              District Ahmednagar by order dated 2nd September, 2025 passed

              by the learned Additional Sessions Judge, Kopargaon.



              3.          Learned Advocate submits that the learned Trial Court
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                                                    952-ABA-172-2025

without looking into the merits of the investigation material and

without appreciating the averments made in the FIR that the

deceased was subjected to constant mental and verbal harassment,

have released all the applicants on bail. According to the learned

Advocate, there is ample material available on record in the nature

of statement of the witnesses, which shows that the present

applicants cumulatively have caused mental pressure on the

deceased, due to which she was forced to commit suicide. The

learned Advocate also submitted that the bail has been granted to

the applicants in such a heinous offense within a period of two

months from the date of offence. In such a heinous offense, the bail

should not have been granted to the applicants, and therefore, the

order by which the bail has been granted is perverse.



4.         He further submits that as far as respondent No. 2 in

Application for Cancellation of Bail No.172 of 2025 is concerned,

first bail application of respondent No. 2 was rejected and without

there being any change in circumstance, the Trial Court has

considered successive bail application and have released the

accused on bail.



5.         Per contra, learned Advocate appearing for accused/

respondent No. 2 submits that the investigation in the offense was
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                                                      952-ABA-172-2025

completed and the charge sheet papers were made available to the

Court and the investigation papers were made available to the

Court for its perusal. He argued that there is no iota of material in

the entire charge sheet as to what is the specific role played by any

of the accused persons for causing abetment of suicide due to

which the deceased had committed suicide. He submitted that the

nature of allegation are only verbal, without any corroborative

piece of material, wherein omnibus allegation that all the accused

persons used to cause harassment by asking the deceased to have a

love affair with one of the accused Aditya. He submitted that apart

from this, there is absolutely no evidence on record to connect the

accused persons with the alleged offence.



6.         I have perused the entire material of the investigation

as well as the impugned order by which the bail has been granted

to the accused persons. No doubt, the name of applicants are

reflected in the suicide note, which has been written by the

deceased prior to committing suicide. However, the suicide note

makes reference to all the family members of the accused Aditya as

well as to all his friends. The allegations are not specific, but they

are omnibus in nature, which merely suggest that there used to be

constant persistence at the behest of the accused persons on the

deceased to have a love affair with the accused Aditya. There are
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                                                     952-ABA-172-2025

absolutely no allegations as to the manner in which the

harassment has been caused to the deceased, whether the

harassment was verbal, mental or physical. That also has not been

specified. The law pertaining to the abetment of suicide is very

clear that the harassment so caused to the deceased should be of

such a nature and of such a gravity that the deceased is left with no

other option but to commit suicide. The learned Trial Court have

taken into consideration the entire material of charge sheet and

have specifically held that there is no material to connect the

accused persons with the alleged offence.



7.         Secondly, the present application is being heard today

i.e. on 3rd September, 2026 and impugned orders granting bail are

dated 2nd September 2026. This Court specifically put a query to

the learned Advocate appearing for applicant whether there is any

breach of conditions and whether the accused persons are

attending the trial regularly, to which he answered in the

affirmative by saying that there is no breach of conditions and that

there are no absence on the part of accused persons.



8.         Learned APP on the other hand also submits that, trial

has already started. Learned APP also reiterates that there is no

breach of condition and summons has already been issued to all the
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                                                    952-ABA-172-2025

accused persons for securing their presence before the Trial Court.

Thus, according to learned APP, the trial will commence in a

shorter period.



9.         Taking into consideration that the learned Trial Court’s

order does not suffer from any perversity and secondly that there

is no breach of any of the conditions and no apprehension raised by

the learned APP that the accused persons will not be available for

the purpose of trial, the applications does not deserve to be

entertained.



10.        Hence, all the applications stand dismissed.



                                      (HITEN S. VENEGAVKAR)
                                             JUDGE




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