Bombay High Court
PRAMOD SUDAM GHOLAPversusTHE STATE OF MAHARASHTRA
- Disposal
- APPLICATION ALLOWED
- Bench
- SHAILESH P BRAHME
Holding
The court allowed the bail application, granting the applicant bail on the condition of a personal bond and surety.
Summary
The applicant, Pramod Sudam Gholap, was arrested in connection with a case of alleged harassment, dowry demand and the suicide of his wife, registered as Crime No.426 of 2025 under Sections 80, 108 and 3(5) of the Bharatiya Nyaya Sanhita. The petitioner argued that there was no direct or indirect evidence linking him to the victim's death, that other co‑accused were already on bail, and that the victim's own temperament contributed to the suicide. The State contended that the post‑mortem report showed multiple injuries not explained by hanging, that the FIR detailed harassment and ill‑treatment by the applicant, and that the nature of the alleged conduct could have compelled the victim to take her life. The bench examined the post‑mortem findings, the lack of specific evidence of the applicant’s involvement in the non‑hanging injuries, and noted the applicant’s clean antecedent record. Concluding that the prosecution had not established a compelling case to deny bail, the court ordered the applicant’s release on bail with standard conditions.
Issues considered
- Whether the applicant should be granted bail despite allegations of harassment, dowry demand and the victim's suicide.
- Whether the alleged harassment amounts to a nature that compelled the victim to commit suicide under Section 108 of the Bharatiya Nyaya Sanhita.
- Whether the existing evidence, including the post‑mortem report and witness statements, is sufficient to justify continued detention.
- Whether the applicant's clean antecedent record and the bail status of co‑accused influence the bail decision.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 108, 3(5), 80
Subjects
- bail
- suicide
- harassment
- dowry
- culpable homicide
- Section 108
- post mortem
- evidence
- trial
Judgment
2026:BHC-AUG:19932
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO. 710 OF 2026
PRAMOD SUDAM GHOLAP
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant : Mr. Narwade Narayan B.
APP for Respondent/s-State : Mr. C. V. Bhadane.
...
CORAM : SHAILESH P. BRAHME, J.
DATE : 30.04.2026
PER COURT :-
1. Heard both sides.
2. The applicant is seeking enlargement on bail in respect
of offence bearing Crime No.426 of 2025, registered with Supa
Police Station, District Ahilyanagar, for the offences punishable
under Sections 80, 108, 3(5) of Bharatiya Nyaya Sanhita.
3. Applicant is arrested on 28.11.2025. Charge-sheet is
filed on 05.02.2026.
4. It is submitted that all other accused are released on bail.
No case is made out for abatement to commit suicide. The
victim was short-tempered and obstinate. The statement of
father and brother would indicate that applicant is not liable
for the offence in question. There is absolutely no direct or
2 30-BA.710-26.odt
indirect evidence against the applicant. There is no material on
record to show that the alleged ill-treatment or harassment
was of such a nature that the victim had no alternative than to
commit suicide. Merely because the death took place within
five years of marriage would not be a ground to deny relief at
this stage of the proceeding to the applicant.
5. Per contra, learned APP submits that the death is within
five years of the marriage. There is a material available against
the applicant disclosing ill-treatment and harassment to the
victim. The post mortem report would disclose three other
injuries for which the applicant and co-accused are liable those
are not explained by them. The statements of the witnesses
would indicate constant harassment and ill-treatment. There is
no any other reason to implicate the applicant falsely in the
offence in question. In fact it’s a case of culpable homicide
amounting to murder. The victim was in the company of the
applicant and others. They are liable for the serious offences.
6. Applicant is the husband who got married with the
victim on 26.04.2020. A son is born on 21.03.2022. The victim
committed suicide on 06.09.2025. The post mortem report
shows in all five injuries on the body of the person. Last three
3 30-BA.710-26.odt
injuries mentioned in column No.17 cannot be co-related to
hanging.
7. First Information Report shows that the deceased was
being harassed by the applicant and the co-accused suspecting
her fidelity and demand of dowry. Applicant is alleged to have
extra marital relationship with others. The specific allegations
are made against the applicant in the report. The statement of
mother Lata, father Shashikant and brother Deepak would
unequivocally disclose that deceased was short-tempered and
obstinate. There used to be quarrel between the couple which
were required to be settled. It has also come on record that
deceased used to threatened the applicant for committing the
suicide. Her temperament appears to be of a extreme nature.
The applicant cannot be held liable solely. The victim’s
contribution due to her temparament cannot be ruled out.
8. I have gone through post mortem report. In column
No.17 five injuries are shown. Out of them two related to
hanging. There is no direct material to indicate that applicant
and the co-accused are liable for inflicting the remaining
injuries. This can be gone into during the course of trial.
9. The allegations of harassment and ill-treatment are not
specific. Those are needed to be gone into during the course of
4 30-BA.710-26.odt
trial. I am of the considered view that the harassment as
alleged against the applicant cannot be said to be of such a
nature so as to drag the deceased to commit suicide and no
other alternative was left for her.
10. No antecedents are reported against the applicant. He is
behind bar since 28.11.2025. It is desirable to grant him bail.
I, therefore, pass following order :
ORDER
(i) Bail Application is allowed.
(ii) Applicant PRAMOD SUDAM GHOLAP shall be
released on bail in Crime No.426 of 2025,
registered with Supa Police Station, District
Ahilyanagar, for the offences punishable under
Sections 80, 108, 3(5) of Bharatiya Nyaya Sanhita
on furnishing P. R. bond of Rs.50,000/- (Rupees
fifty thousands only) with one solvent surety of
like amount on the following conditions :
(a) The applicant shall not tamper with
prosecution evidence or contact with the
prosecution witnesses.
5 30-BA.710-26.odt
(b) The applicant shall furnish his mobile/cell
number and address to the Investigating
Officer.
(c) The applicant shall surrender his Aadhar
Card and PAN Card to the Investigating
Officer, if any.
(d) The applicant shall co-operate for
expeditious disposal of the trial and attend
the dates punctually.
(iii) Bail application is disposed of accordingly.
(SHAILESH P. BRAHME, J.)
...
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