H.C. SHIV 905-BA-3834-2026.DOC 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 5th 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- HEMANT CHANDERSEN SHIV Digitally signed by HEMANT CHANDERSEN SHIV Date: 2026.09.28 15:58:33 +0300 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. Page 2 of 4 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 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.)