Research › Search › Judgment

Bombay High Court · body

2025 DAILYLAW 4556 (BOM)

XYZ v. THE STATE OF MAHARASHTRA AND ANOTHER

ACB/172/2025 · 2026-09-03

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

-1- 952-ABA-172-2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD APPLICATION FOR CANCELLATION OF BAIL NO. 172 OF 2025 WITH APPLICATION FOR CANCELLATION OF BAIL NO. 176 OF 2025 WITH APPLICATION FOR CANCELLATION OF BAIL NO. 178 OF 2025 WITH APPLICATION FOR CANCELLATION OF BAIL NO. 177 OF 2025 XYZ VERSUS THE STATE OF MAHARASHTRA AND ANOTHER ...... Advocate for Applicant : Mr. Ashish Babasaheb Lokhande APP for Respondent - State : Mr. D. J. Patil Advocate for Respondent No.2 : Mr. Prathamesh M. Borde h/f. Mr. Shailesh S. Chapalgaonkar ...… CORAM : HITEN S. VENEGAVKAR, J. DATED : 3rd SEPTEMBER 2026 PER COURT : 1. Heard learned Advocates for respective parties. 2. All these applications are filed for cancellation of the bail of respective accused persons who have been granted bail by the learned Trial Court in connection with the FIR bearing No.383 of 2025 registered with Kopargaon Police Station, Kopargaon, District Ahmednagar by order dated 2nd September, 2025 passed by the learned Additional Sessions Judge, Kopargaon. 3. Learned Advocate submits that the learned Trial Court 2026:BHC-AUG:41616 -2- 952-ABA-172-2025 without looking into the merits of the investigation material and without appreciating the averments made in the FIR that the deceased was subjected to constant mental and verbal harassment, have released all the applicants on bail. According to the learned Advocate, there is ample material available on record in the nature of statement of the witnesses, which shows that the present applicants cumulatively have caused mental pressure on the deceased, due to which she was forced to commit suicide. The learned Advocate also submitted that the bail has been granted to the applicants in such a heinous offense within a period of two months from the date of offence. In such a heinous offense, the bail should not have been granted to the applicants, and therefore, the order by which the bail has been granted is perverse. 4. He further submits that as far as respondent No. 2 in Application for Cancellation of Bail No.172 of 2025 is concerned, first bail application of respondent No. 2 was rejected and without there being any change in circumstance, the Trial Court has considered successive bail application and have released the accused on bail. 5. Per contra, learned Advocate appearing for accused/ respondent No. 2 submits that the investigation in the offense was -3- 952-ABA-172-2025 completed and the charge sheet papers were made available to the Court and the investigation papers were made available to the Court for its perusal. He argued that there is no iota of material in the entire charge sheet as to what is the specific role played by any of the accused persons for causing abetment of suicide due to which the deceased had committed suicide. He submitted that the nature of allegation are only verbal, without any corroborative piece of material, wherein omnibus allegation that all the accused persons used to cause harassment by asking the deceased to have a love affair with one of the accused Aditya. He submitted that apart from this, there is absolutely no evidence on record to connect the accused persons with the alleged offence. 6. I have perused the entire material of the investigation as well as the impugned order by which the bail has been granted to the accused persons. No doubt, the name of applicants are reflected in the suicide note, which has been written by the deceased prior to committing suicide. However, the suicide note makes reference to all the family members of the accused Aditya as well as to all his friends. The allegations are not specific, but they are omnibus in nature, which merely suggest that there used to be constant persistence at the behest of the accused persons on the deceased to have a love affair with the accused Aditya. There are -4- 952-ABA-172-2025 absolutely no allegations as to the manner in which the harassment has been caused to the deceased, whether the harassment was verbal, mental or physical. That also has not been specified. The law pertaining to the abetment of suicide is very clear that the harassment so caused to the deceased should be of such a nature and of such a gravity that the deceased is left with no other option but to commit suicide. The learned Trial Court have taken into consideration the entire material of charge sheet and have specifically held that there is no material to connect the accused persons with the alleged offence. 7. Secondly, the present application is being heard today i.e. on 3rd September, 2026 and impugned orders granting bail are dated 2nd September 2026. This Court specifically put a query to the learned Advocate appearing for applicant whether there is any breach of conditions and whether the accused persons are attending the trial regularly, to which he answered in the affirmative by saying that there is no breach of conditions and that there are no absence on the part of accused persons. 8. Learned APP on the other hand also submits that, trial has already started. Learned APP also reiterates that there is no breach of condition and summons has already been issued to all the -5- 952-ABA-172-2025 accused persons for securing their presence before the Trial Court. Thus, according to learned APP, the trial will commence in a shorter period. 9. Taking into consideration that the learned Trial Court’s order does not suffer from any perversity and secondly that there is no breach of any of the conditions and no apprehension raised by the learned APP that the accused persons will not be available for the purpose of trial, the applications does not deserve to be entertained. 10. Hence, all the applications stand dismissed. (HITEN S. VENEGAVKAR) JUDGE Tandale