HARSHDEEP GULABRAO TATKEversusTHE STATE OF MAHARASHTRA

2026:BHC-AUG:1818
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                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD


                              BAIL APPLICATION NO. 2467 OF 2025

                                HARSHDEEP GULABRAO TATKE
                                             VERSUS
                                 THE STATE OF MAHARASHTRA
                                               ...
                          Advocate for Applicant : Mr. Mayur V. Salunke
                             APP for Respondent : Mr. S. D. Ghayal
                                               ...

                                         CORAM :        SACHIN S. DESHMUKH, J.
                                         DATE       :   17-01-2026
                PER COURT:-

                1.   The applicant seeks bail in Crime No.0686 of 2025 registered

                with Parner Police Station, District Ahilyanagar, for the offence

                punishable under Section 108 of the Bhartiya Nyaya Sanhita,

                2023. In connection with said crime, the applicant is arrested on

                01.09.2025.


                2.   The prosecution case is that the informant’s daughter,

                Roshni (deceased), was a student at the Vijaya School of Nursing

                College, Bhalwani, Taluka Parner. On 25.08.2025, the deceased

                made a telephonic call to the informant, requesting an amount of

                Rs.15,000/-. The informant, subsequently, received a second call

                informing him that his daughter had committed suicide.            The

                inquiries were made with the deceased’s roommates, Rutika and

                Prajakta, who informed that the deceased was in a love
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relationship with the applicant. A dispute had reportedly been

ongoing between them for fifteen days prior to the incident. It is

alleged that the applicant demanded money from Roshni and

harassed her by doubting her character. Hence, lodged the report.


3.    Learned counsel for the applicant submits that the applicant

and the deceased were acquainted with each other.                 It is

contended that there was no incidence of abetment on the

applicant's part, and prima facie, there is no incriminating material

sufficient to establish the alleged offence. It is also submitted that

the applicant has been incarcerated for more than three months,

and the statements of material witnesses have been recorded. It

is highlighted that the applicant and the deceased were in a

consensual relationship, that the investigation is now complete,

and the chargesheet has been submitted. Therefore, prayed for

the release of the applicant on bail.


4.    Learned A.P.P. has opposed the application and submitted

that the offence is serious in nature. There is concrete evidence

against the applicant in respect of his involvement. There is every

possibility of tampering with the evidence. Hence, prayed to reject

the application.


5.    Upon considering the submissions of both sides and perusal

of the record, including the chargesheet, prima facie, it indicates

that the applicant and the deceased were in a consensual
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relationship, and there was a certain distress between them.


6.     Pertinently, a perusal of the material on record, prima facie,

indicates that there was no coercion or inducement on the part of

the applicant, sufficient to constitute the alleged offence of

abetment, coupled with the said fact and in absence of proximity

of the applicant in connection with the alleged incident, further

incarceration of the applicant would be unjustified.


7.     Nevertheless, the investigation is complete for all intent and

purpose, resultantly, the chargesheet is filed. Having regard to the

number of the accused and the witnesses which the prosecution

proposes to examine, it is very unlikely that the trial can be

commenced and concluded within a reasonable period. 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

favour of the applicant.


8.     Hence, the order:-

                               ORDER

(i)     The bail application is allowed.

(ii)    Applicant, Harshdeep Gulabrao Tatke, be released on bail,

        upon 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         Crime No.0686 of 2025
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          registered with Parner Police Station, District Ahilyanagar,

          for the offence punishable under Section 108 of the

          Bhartiya 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 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]
                                             JUDGE
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