52-ABA-1185-2026.doc vaishnavi IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1185 OF 2026 Aruna Ashok Nirbhavane and Anr. ...Applicants V/s. State of Maharashtra ...Respondent Mr. Nilesh Navale, for the Applicant. Mr. Bapu V. Holambe Patil, APP for the Respondent – State. CORAM : PRAFULLA S. KHUBALKAR , J. DATE : 28 th SEPTEMBER , 2026. P.C. :- 1. Heard the learned counsel for applicant as well as learned APP for respondent. 2. This application is filed by two ladies who are mother- in-law and sister-in-law of the deceased, seeking pre-arrest bail in connection with FIR No. 355 of 2026 registered with Kalyan Railway Police Station for the offence punishable under Sections 108, 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023. 1/5 52-ABA-1185-2026.doc 3. The FIR is registered on the basis of a report lodged by mother of the deceased, alleging that her son-the husband of accused no. 1, committed suicide on 3rd April 2026 on account of harassment and abatement at the instance of accused persons. 4. The learned counsel for applicant submits that there is nothing to show any overt act on the part of these applicants in the nature of abatement to suicide. He further states that these applicants were residing separately in their own respective houses at Mulund and the deceased was residing with his wife- accused no. 1 at Ambernath. He submits that there are no allegations about any acts showing any immediate act for abetment by these applicants. He submits that the only allegations about their involvement is on account of their telephonic conversations with the accused no. 1. It is submitted that since the accused no. 1 and these applicants are closely related, the usual telephonic conversations cannot be considered to be an act of abatement. Apart from this, he submits that there are no criminal antecedents against these applicants and in 2/5 52-ABA-1185-2026.doc absence of any overt act showing proximity with the suicide, their implication is without any basis. He also submits that accused no. 1-wife of deceased has already been released on regular bail by order dated 11.06.2026 passed by the Sessions Court. He therefore submits that there is nothing to be recovered against these applicants and their custodial interrogation is not warranted. 5. As against this, learned APP for the respondent has opposed the application. He submits that during investigation a suicide note was recovered which shows that these applicants have harassed the deceased and in view of these allegations the involvement of these applicants is apparent. 6. Perused the FIR and the documents placed on record. It has to be noted that these applicants are arraigned as accused no. 2 and 3 in the offence. The main accused i.e. wife of the deceased has been released on regular bail. The only allegations against these applicants appears to be based on suicide note. It has to be noted that the charge sheet is already filed against the 3/5 52-ABA-1185-2026.doc other accused persons and as such there is no question of any recovery from these the applicants. Further, considering the fact that these applicants are ladies, having no criminal antecedents, their presence can be secured by directing them to attend the Police Station whenever required. 7. Considering all above mentioned aspects the personal liberty of these applicants needs to be protected, subject to certain conditions. 8. Hence I pass the following order: : ORDER : (i) Anticipatory Bail Application is allowed. (ii) In the event of arrest of these applicants in connection with Crime No. 355 of 2026 registered with Kalyan Railway Police Station for the offence punishable under Sections 108, 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023, they may be released on bail on furnishing P.R. Bond of Rs. 25,000/- (Rupees Twenty Thousand only) each with one solvent surety of the like amount. (iii) The applicants are directed to attend the Police Station 4/5 52-ABA-1185-2026.doc as and when called upon by the Investigating Agency. (iv) The applicant shall extend cooperation during investigation and trial. 9. The Application is accordingly allowed and disposed of in above terms. (PRAFULLA S. KHUBALKAR, J.) 5/5