Bombay High Court
HANUMANT RAM BHALERAO AND ANOTHERversusTHE STATE OF MAHARASHTRA
- Disposal
- APPLICATION ALLOWED
- Bench
- SHAILESH P BRAHME
Holding
Bail is granted as the prosecution has not produced specific incriminating material linking the applicants to the alleged harassment leading to the victim’s suicide.
Summary
The applicants, Hanumant Ram Bhalerao and Jayashri Hanumant Bhalerao, were arrested in March 2026 for alleged involvement in the suicide of Muskan, who was said to have been harassed and physically assaulted by them and co‑accused, with a demand of Rs.25,00,000 for a house and vehicle. The prosecution alleged that the applicants participated in the ill‑treatment that led to the victim’s hanging, but the court observed that the allegations were omnibus, no specific role was attributed to the applicants, and no material evidence directly linked their conduct to the suicide. The investigation was reported to be substantially complete, yet no incriminating material showing the gravity of the alleged torture was produced. Considering the lack of a prima facie case and the applicants’ continued detention since March, the court allowed bail with a personal bond of Rs.20,000 and standard conditions. The bail application was therefore disposed in favour of the applicants.
Issues considered
- Whether the prosecution has established a prima facie case linking the applicants to the alleged harassment and suicide under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita.
- Whether the applicants are entitled to bail given the nature of the allegations and the stage of investigation.
- Whether the lack of specific incriminating material justifies the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 108, 3(5)
Subjects
- bail
- suicide
- harassment
- criminal liability
- Bharatiya Nyaya Sanhita
- Section 108
- Section 3(5)
- investigation
- prima facie case
Judgment
2026:BHC-AUG:19918
1 26-BA.577-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO. 577 OF 2026
1. HANUMANT RAM BHALERAO
2. JAYASHRI HANUMANT BHALERAO
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicants : Ms. Varsha M. Kolpe h/f Mr. Kolpe
Mahendra B.
Addl. PP for Respondent/s-State : Mr. A. R. Kale.
...
CORAM : SHAILESH P. BRAHME, J.
DATE : 30.04.2026
PER COURT :-
1. Heard both sides.
2. The applicant is seeking bail in respect of offence
bearing Crime No.41 of 2026, registered with Tuljapur Police
Station, District Dharashiv, for the offences punishable under
Sections 108, 3(5) of Bharatiya Nyaya Sanhita.
3. Applicants are arrested on 02.03.2026 and 03.03.2026,
respectively. The investigation is in progress, but substantially
completed.
4. It is reported to the police by the brother of deceased
Muskan that she was married with Sushil son of the applicants
and she committed suicide on 21.01.2026 to get rid of
2 26-BA.577-26.odt
harassment and torture of the applicants, her husband and
other relatives. It is stated in the complaint that the family of
the informant and the applicants were residing together in the
agricultural land and working as labours in the year 2023 and
2024. On or about 24.01.2024, the deceased and Sushil are
alleged to have eloped and they got married in the year 2025.
The deceased was staying at Devsinga along with the
applicants who are her parents-in-law, husband and other co-
accused. The accused are alleged to have ill-treated her
physically and mentally. She was being assaulted also. It was
informed that she committed suicide by hanging.
5. Learned counsel for the applicants submits that the
allegations are omnibus in nature. No specific role is attributed
to the applicants. There is no proximity of the alleged
harassment and the commission of suicide. No incriminating
material is collected to show nature and the gravity of the ill-
treatment.
6. Per contra, learned APP submits that the statements of
Samina, Awej Shaikh, Razia, Mohammad would indicate that
the applicants and the co-accused were demanding
Rs.25,00,000/- for construction of house and purchasing
vehicle. The victim was being assaulted at a times. The
3 26-BA.577-26.odt
clinching material is collected against them. The suicide is
committed at the place of the applicants.
7. First Information Report spells out the cause for suicide
was ill-treatment and the harassment of the applicants and
others. No specific role is attributed to the applicants. No
material particulars are provided to show incident of assault.
The statements of the witnesses would indicate the demand of
Rs.25,00,000/- for constructing of house and vehicle. I am of
the considered view that criminal liability of the applicants can
be decided after objective scrutiny.
8. Applicants are behind bars since March 2026. The
investigation is on the verge of completion. No specific
material is collected against them to show that the torture
caused by them was of such a nature so as to drag the victim to
commit suicide and she had no alternate remedy. I, therefore,
pass following order :
ORDER
(i) Bail Application is allowed.
(ii) Applicant Nos.1. HANUMANT RAM BHALERAO
and 2. JAYASHRI HANUMANT BHALERAO shall
be released on bail in Crime No.41 of 2026,
4 26-BA.577-26.odt
registered with Tuljapur Police Station, District
Dharashiv, for the offences punishable under
Sections 108, 3(5) of Bharatiya Nyaya Sanhita on
furnishing P. R. bond of Rs.20,000/- (Rupees
twenty thousands only) each with one solvent
surety of like amount each, on the following
conditions :
(a) The applicants shall not tamper with
prosecution evidence or contact with the
prosecution witnesses.
(b) The applicants shall furnish their mobile/cell
numbers and addresses to the Investigating
Officer.
(c) The applicants shall surrender their Aadhar
Card and PAN Card to the Investigating
Officer, if any.
(d) The applicants shall co-operate for
expeditious disposal of the trial.
(e) The applicants shall make themselves
available, as and when called by
Investigating Officer, till filing of charge-
sheet.
(iii) Bail application is disposed of accordingly.
(SHAILESH P. BRAHME, J.)
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