Bombay High Court
UMESH NAVSHYA ANDHERversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
- Bench
- R M JOSHI
Holding
The High Court granted bail to the applicant, holding that the evidence does not establish the requisite intent for abetment of suicide and that bail is appropriate pending trial.
Summary
The applicant, Umesh Navshya Andher, was charged under IPC Sections 305 (abetment of suicide) and 354 (outraging modesty), and POCSO Act Sections 8 and 12, for allegedly holding the hand of a 14‑year‑old girl who later committed suicide. The prosecution alleged that this act constituted abetment of suicide, while the defence argued there was no intention to drive the victim to suicide and that mere hand‑holding cannot be equated with abetment. The trial is ongoing, with further witnesses yet to be examined. The High Court noted the lack of evidence of intent, the applicant’s five‑year incarceration, and the principle that bail may be granted when the case is still sub‑judice. Consequently, the court allowed the bail application, directing the applicant to furnish a personal bond of Rs.15,000 with a surety and to comply with trial court directions.
Issues considered
- Whether the act of holding the victim's hand can be construed as abetment of suicide under Section 305 IPC.
- Whether bail can be granted in a case involving charges under Sections 305, 354 IPC and Sections 8, 12 of the POCSO Act while the trial is pending.
- Whether the absence of proven intent to cause suicide justifies bail.
Legislation cited
- Indian Penal Code, 1860 — s. 305, 354
- Protection of Children from Sexual Offences Act, 2012 — s. 12, 8
Subjects
- bail
- abetment of suicide
- sexual assault
- POCSO
- criminal procedure
- intent
- trial pending
Judgment
39_BA_4814_2025.DOC
Prasad
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.4814 OF 2025
Umesh Navshya Andher …Applicant
Versus
The State of Maharashtra and Anr. …Respondents
Ms. Rekha Musale a/w Nasim Khan, for the Applicant.
Mr. A.S. Gawai, APP for the Respondent - State.
Ms. Komal Sinha, for the Respondent No.2.
PSI – Ulhas Lakhan Pawar, Talasari Police Station, District Palghar,
present.
CORAM: R. M. JOSHI, J.
DATED: 8th APRIL, 2026.
PC:-
1. The Applicant seeks his enlargement on bail in
connection with CR No.131 of 2021 registered with Talasari Police
Station, for the offence punishable under Sections 305 and 354 of
the Indian Penal Code, 1860 and Sections 8 and 12 of the
Protection of Children from Sexual Offences (POCSO) Act, 2012.
2. First Informant is the father of the victim/deceased
aged about 14 years. According to the report, on 16 th June, 2021,
the daughter of the Informant was found to have committed
suicide. At earlier point of time complaint was made against
unknown person. It is further revealed subsequently from the
cousin of the Informant that an incident had occurred on 16th June,
2021 at about 09:30 a.m. in which the Applicant entered the house
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39_BA_4814_2025.DOC
of the said cousin and caught hold of the hand of the victim. On
the basis of said incident, the prosecution alleged the act of
abetment of suicide against the Applicant.
3. Learned counsel for the Applicant submits that even
accepting the case of the prosecution to be correct, it cannot be
said that there was any intention of the Applicant to drive the
deceased to commit suicide. It is her further submission that in any
case the act of holding hand of the victim cannot be construed as
abetment to the commission of suicide by her. It is submitted that
there is absence of evidence indicating any intention of the
Applicant to drive the deceased to commit suicide.
4. Learned APP and learned counsel for the Respondent
No.2 opposed the application by pointing out that incident has
occurred in a rural place and therefore the Applicant ought to have
knowledge of the consequences of his act. Apart from this it is their
submission that the trial is in progress and fourth witness is to
cross examine.
5. This is the first bail application filed by the Applicant
before this Court. Since the trial is in progress, this Court refrains
from recording any finding. However, suffice it to say that there is
substance in the submission of learned counsel for the Applicant,
that the act of abetment to suicide may not get attracted against
him. In view of the fact that the Applicant is in jail for the past five
years, this is a fit case for grant of bail. Hence, following order is
passed.
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39_BA_4814_2025.DOC
ORDER
i) The Bail Application is allowed.
ii) In connection with C.R. No.131 of 2021 registered
with the Talasari Police Station the Applicant be enlarged
on bail on furnishing PR Bond of Rs.15,000/- with one
surety in the like amount, to the satisfaction of the Trial
Court.
iii) The Applicant shall not tamper with or interfere
with the prosecution evidence in any manner whatsoever.
iv) The Applicant shall attend all dates of hearing
before the Trial Court unless exempted.
6. It is made clear that the observations made herein are
prima facie and are confined to this Application and the learned
Trial Judge to decide the case on its own merits, uninfluenced by
the observations made herein.
(R. M. JOSHI, J.)
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