Bombay High Court
ANURADHA TANAJI BHARADEversusTHE STATE OF MAHARASHTRA
- Disposal
- DISPOSED OFF
- Bench
- SACHIN S DESHMUKH
Holding
The court granted bail to the applicant, finding no specific incriminating role and deeming further detention unjustifiable.
Summary
The High Court considered a bail application filed by Anuradha Tanaji Bharade, the wife of a deceased man who had allegedly sent a video accusing her of illicit relations, leading to his suicide. The FIR under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, was based largely on suspicion with no specific incriminating evidence against the applicant. The State opposed bail, citing the serious nature of the crime, but the court noted that the investigation was complete, the charge‑sheet filed, and no concrete role was attributed to the applicant. Relying on the principle that further detention of an under‑trial prisoner is unwarranted absent specific evidence, and noting the special benefit for women under Section 483, the court exercised its discretion in favor of the applicant. Consequently, the bail application was allowed subject to standard conditions and a personal bond.
Issues considered
- What is the appropriate exercise of judicial discretion in granting bail to an under‑trial accused when the FIR is based on suspicion and no specific role is established?
- Does the special provision for women under Section 483 of the Bharatiya Nyaya Sanhita, 2023, warrant granting bail in this case?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 108, 3(5), 483
Subjects
- bail
- under‑trial detention
- suicide
- suspicion
- special benefit for women
- Bharatiya Nyaya Sanhita
- Section 108
- Section 3(5)
- Section 483
Judgment
2026:BHC-AUG:1143
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO. 2322 OF 2025
Anuradha Tanaji Bharade ….Applicant
VERSUS
The State of Maharashtra …..Respondent
Mr. G. D. Munde, Advocate for Applicant.
Mr. C. V. Bhadane, APP for the State.
CORAM : SACHIN S. DESHMUKH, J.
DATE : 13th JANUARY, 2026.
PER COURT :
1. The Applicant seeks regular bail in connection with Crime No.
158/2025 registered with Dharashiv Rural Police Station, Dist.
Dharashiv, for the offences punishable under Sections 108, 3(5) of
the Bharatiya Nyaya Sanhita, 2023.
2. Informant is the elder brother of deceased. It is alleged in the
First Information Report that on 29.07.2025 at about 9.20, the
deceased sent video on the cell phone of the informant stating that
the present Applicant, i.e. wife of the deceased had illicit relations
with Tanaji Bharade and Balaji Ghadge and on that count they are
harassing the deceased and as a result of which the deceased would
end his life. The informant immediately called the deceased and tried
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to pacify him and the deceased assured of not taking any wrong
steps. However, when later on the complainant tried to recall the
deceased his call was not responded. The complainant informed the
incident to the Sarpanch of the village and some other persons and
requested them to visit the spot of the incident. Upon enquiry, the
complainant came to know that the deceased had committed suicide
by hanging himself with a mango tree. In this backdrop, the First
Information Report came to be lodged.
3. Learned Counsel for the Applicant submits that Applicant is
the wife of the deceased. Nothing incriminating against the present
Applicant could be gathered. Nothing is to be recovered from her.
The First Information Report is lodged only on the ground of
suspicion. Applicant being a lady, is entitled for special benefit as
contemplated under Section 483 of the BNS. Investigation in the
crime is complete in all respect and further incarceration of the
Applicant is not warranted.
4. Per contra, learned APP vehemently opposed the Application by
citing serious nature of the crime. It is contended that a missing
complaint was lodged against the Applicant by the deceased. Thus,
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there is direct nexus between the act of the Applicant and the action
of the deceased. No specific role is attributed against the Applicant.
5. Considering the submissions of both sides and having perused
the material on record, including the charge-sheet, it is evident that
there are general allegations levelledagainst the Applicant. No
specific role is attributed against her. The investigation is complete
for all intent and purposes. Resultantly, the chargesheet is filed. . As
such, further detention of the applicant as an under trial prisoner, in
the circumstances of the case does not seem to be either warranted
or justifiable. I am, therefore, persuaded to exercise the discretion in
favor of the applicant.
6. Hence, the following order :-
ORDER
(i) Application is allowed.
(ii) Applicant Anuradha Tanaji Bharade, be released on
bail, on furnishing P.R. bond in the sum of Rs. 50,000/- (Rs.
Fifty Thousand) with one or two local solvent sureties, in the
like amount, in connection with 158/2025 registered with
Dharashiv Rural Police Station, Dist. Dharashiv, for the
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offences punishable under Sections 108, 3(5) of the
Bharatiya Nyaya Sanhita, 2023, on the following conditions :-
(a) The Applicant shall not pressurize the prosecution
witnesses and tamper with the prosecution evidence, in
any manner.
(b) The Applicant shall attend the trial on each and
every date unless exempted by the Trial Court and shall
not leave the area of jurisdiction of the concerned Police
Station till conclusion of the trial.
(c) The Applicant shall submit Aadhar and Pan Cards
to the Investigating Officer and detailed address and
phone numbers of the Applicant and two of the near
relatives.
(d) In case of breach of any of the conditions by the
Applicant, it is open for the prosecution to move this
Court seeking cancellation of bail.
(iii) Needless to state that the observations rendered herein
are to the extent of this Application and the Trial Court shall
not be influenced by the same.
(SACHIN S. DESHMUKH, J.)
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