ABHISHEKH SALIL AHIRversusSTATE OF MAHARASHTRA

           Digitally    H.C. SHIV                                                  905-BA-3834-2026.DOC
           signed by
           HEMANT
HEMANT     CHANDERSEN
CHANDERSEN SHIV
SHIV       Date:
           2026.09.28
           15:58:33
           +0300
                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CRIMINAL APPELLATE JURISDICTION
                                     CRIMINAL BAIL APPLICATION NO.3834 OF 2026
                        Abhishekh Salil Ahir                                      …Applicant
                                    V/s.
                        The State of Maharashtra                                  …Respondent

                        Mr. Vinod V. Kashid for the Applicant.
                        Ms. K. T. Hiwrale, APP for the Respondent-State.
                        Mr. Rohan Gonjari, API, Naupada police station present.

                                                      CORAM:        SHYAM C. CHANDAK, J.
                                                      DATED :       24th SEPTEMBER, 2026
                        P.C. :-

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

                        2.          Applicant seeks his 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. The applicant 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.

                                    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 mother-

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H.C. SHIV                                              905-BA-3834-2026.DOC



in-law used to harass the deceased telling her to do every small
work and, taunting her that, she was very slow at work. It is alleged
that the dowry amount of Rs.2,50,000/- remained unpaid,
therefore, both the in-laws and the applicant used demand the
deceased to bring the balance dowry amount from her father. The
sister-in-law of the victim also used to behave in an indecent
manner with her. It is alleged that whenever the deceased used to
complain the applicant about her said ill-treatment he used to
ignore saying that the in-laws were training 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.Kashid, learned Counsel for the applicant submitted that
there is no offence of cruelty against the applicant. The allegations
against the applicant about demand of the balance dowry amount
are vague and general in nature. Therefore, the applicant may be
released on bail.

5.          Mr.Hiwrale, the learned APP opposed the application
contending that, the report clearly narrates about the cruelty caused
to the victim immediately after the marriage. The deceased was
harassed to meet the unlawful demand of balance dowry amount.
As a result, the deceased committed suicide within 7/8 months from
the marriage.        These facts give rise to the presumptions under
Sections 117 and 118 of Bharatiya Sakshya Adhiniyam, 2023.
Therefore, the applicant is not entitled to be released on bail.



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H.C. SHIV                                                905-BA-3834-2026.DOC



6.          I have considered these submissions. Considering the text of
the Report filed by the mother of the deceased, prima facie it
appears, mainly, the allegations of cruelty are against parents of the
applicant and his sister. Said allegations are about the harassment
of the deceased by causing her to do the entire domestic work
although there were large members in the family. Similarly, the
allegation of continuous demand of the balance dowry is also
against the parents of the applicant. The allegation against the
applicant about the demand of the balance dowry amount are
vague. There is no sufficient material showing that the applicant
used to harass the deceased to coerce her to meet the unlawful
demand of the balance dowry amount. The cruelty allegedly caused
by the applicant does not appear to have instigated the deceased to
commit suicide. Therefore, whether the applicant has committed
the alleged offence or not, is a question of trial. As investigation is
over, the continued detention of the applicant in jail will be
punitive. The trial will take a reasonable time to conclude.

7.          In view thereof, the applicant is entitled for bail. Hence,
following Order :-

            (i)   The applicant – Abhishekh 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 his 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
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H.C. SHIV                                                 905-BA-3834-2026.DOC



            the prosecution witness to prevent them from deposing
            against him.

            (iv) On being released from jail, the applicant shall furnish
            his 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.

8.          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 his executing a P.R. Bond in the
sum of Rs.50,000/- and depositing a sum of Rs.25,000/- in lieu of
furnishing the surety. On furnishing such surety/ies, the amount of
Rs.25,000/- deposited by the applicant shall be returned.

9.          Application stands disposed of in the aforesaid terms.



                                    (SHYAM C. CHANDAK, J.)




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