Bombay High Court

SUREKHA SALIL AHIRversusTHE STATE OF MAHARASHTRA

Decided: 11 September 2026
Disposal: Disposed Off

Holding

Bail may be granted in a dowry death case where the accused faces prolonged pre‑trial detention and parity with a co‑accused already released, subject to appropriate conditions.

Summary

Surekha Salil Ahir was arrested in a dowry death case under Sections 108, 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The prosecution alleged that she, as the mother‑in‑law, harassed the deceased and demanded unpaid dowry, leading to the victim’s suicide. The defence argued that the applicant’s father‑in‑law, charged with identical allegations, had been released on bail, invoking the principle of parity, and highlighted that the applicant had been in custody for a year without charge framing or trial. The Court, considering the prolonged pre‑trial detention, lack of charge framing, and the parity argument, was inclined to grant bail. Accordingly, the Court ordered the release of the applicant on bail upon furnishing a bond of Rs.50,000 with sureties and imposed standard conditions for attendance and non‑interference with evidence.

Issues considered

Whether bail should be granted to the accused in a dowry death case despite a prima facie case.
Whether the principle of parity with a co‑accused already released on bail warrants bail for the applicant.
Whether prolonged pre‑trial detention without charge framing justifies bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 108, 3(5), 80(2)
Dowry Prohibition Act, 1961 — s. 3, 4

Subjects

dowry death
bail
parity principle
criminal procedure
Bharatiya Nyaya Sanhita
Dowry Prohibition Act

Judgment

WAKLE
MANOJ                 MANOJ                                               917-BA-1292-2026.DOC
JANARDHAN
Digitally signed by
WAKLE MANOJ
JANARDHAN                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Date: 2026.09.16
16:08:13 +0530                  CRIMINAL APPELLATE JURISDICTION
                              CRIMINAL BAIL APPLICATION NO.1292 OF 2026

                      Surekha Salil Ahir                                  …Applicant
                              V/s.
                      The State of Maharashtra                            …Respondent



                      Mr. Vinod Kashid, fro the Applicant.
                      Mr. T.G. Khan, APP for the Respondent-State.
                      PSI – Sachin Baban Pramhan, Naupada Police Station, Thane,
                      present.


                                                CORAM: SHYAM C. CHANDAK, J.
                                                DATED : 11th SEPTEMBER, 2026
                      P.C. :-

                      1.      Heard learned counsel for the parties. Perused the record.

                      2.      Applicant seeks her release on bail in connection with
                      Sessions Case No.894 of 2025, pending on the file of the learned
                      Additional Sessions Judge, Thane, arising out of Cr.No.645 of 2025,
                      registered with Naupada Police Station, Thane, for the offence
                      punishable under Sections 108, 80(2) and 3(5) of Bharatiya Nyaya
                      Sanhita, 2023 (“BNS”) and Sections 3 and 4 of the Dowry
                      Prohibition Act, 1961, on the report dated 5 th September, 2025
                      lodged by Smt. Pushpa Kishor Yadav, mother of the deceased.

                      3.      The prosecution case is that, the deceased was daughter of the
                      informant. Accused No.1 and the deceased got married with each
                      other on 3rd February, 2025. After the marriage, the victim went to
                      cohabit in the family of the accused. The applicant was the mother-
                      in-law of the deceased.




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        It is alleged that, when the elder sister-in-law of the deceased
had come for her delivery, there were large number of members in
the family. The deceased was doing the entire household chores
including cooking for all the family members. However, the
applicant used to harass the deceased telling her to do every small
work and, taunted that, she was very slow at work. It is alleged that
dowry amount of Rs.2,50,000/- remained unpaid. It is alleged that,
the applicant and father-in-law of the deceased used to repeatedly
demand that amount from the deceased to be brought from her
father. The sister-in-law of the victim also used to behave in an
indecent manner with her. The gold ornaments of the deceased
were removed from her possession. It is alleged that, thus, the
deceased was instigated to commit suicide by hanging. Accordingly,
said crime came to be registered and applicant including other
accused persons were arrested. On completion of the investigation,
police submitted the charge-sheet. The trial Court refused to release
the applicant on bail.

4.      Mr. Khan, the learned APP opposed the application stating
that, there is a prima facie case of dowry death against the
applicant. Therefore, she is not entitled for bail.

5.      Mr. Kashid, learned counsel for the applicant submitted that,
the allegations against the father-in-law and the applicant are
similar in nature. This is irrefutable. The father-in-law is released
on bail by the trial Court. Therefore, the principle of parity is
applicable in this case. That apart, the applicant is in jail for last one
year. The trial is yet to commence. Till the date, no charge is
framed. Therefore, the trial is not likely to commence and conclude
within a foreseeable period.



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MANOJ                                               917-BA-1292-2026.DOC



6.      In the backdrop, I am inclined to allow this application.
Hence, following Order:-

        (i)    Applicant – Surekha Salil Ahir shall be released on bail
        in connection with Session Case No.894 of 2025, pending on
        the file of the learned Additional Sessions Judge, Thane,
        arising out of Cr.No.645 of 2025, registered with Naupada
        Police Station, Thane, on her furnishing P.R. Bond in the sum
        of Rs.50,000/- with one or two sureties in the like amount.

        (ii)   The applicant shall regularly attend the proceedings
        before the jurisdictional Court.

        (iii) The applicant shall not tamper with the prosecution
        evidence and shall not directly or indirectly influence upon
        the prosecution witness to prevent them from deposing
        against her.

        (iv)   On being released from jail, the applicant shall furnish
        her contact number and residential address to the
        Investigation Officer and shall keep him updated, in case
        there is any change.

        (v)    It is clarified that any observation made in the present
        Order are for the purpose of deciding the present Bail
        application and should not influence the outcome of the trial
        and also not be taken as an expression of opinion on the
        merits of the case.

7.      At this stage, as requested by Mr. Kashid, the applicant is
granted four weeks time to furnish the surety. Till then, the
applicant be released on bail on her executing a P.R. Bond in the
sum of Rs.50,000/- and depositing a sum of Rs.25,000/- in lieu of


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MANOJ                                               917-BA-1292-2026.DOC



furnishing the surety. On furnishing such surety/ies, the amount of
Rs.25,000/- deposited by the applicant shall be returned.

8.      Application stands disposed of in the aforesaid terms.



                                (SHYAM C. CHANDAK, J.)




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