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2026 DAILYLAW 13332 (BOM)

BIPIN JOGINDAR MAURYA v. THE STATE OF MAHARASHTRA

BA/2480/2026 · 2026-09-29

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Judgment text

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SA_MANDAWGAD 902 BA 2480-26.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2480 OF 2026 Bipin Jogindar Maurya … Applicant V/S. State of Maharashtra … Respondent Mr. Vinod V. Kashid i/by Mr. Manoj Kumar Tiwari, for Applicant. Ms. H.T. Hiwrale, APP for Respondent–State. Mr. Ramesh Waghchaure, API, Pelhar Police Station, present. CORAM: SHYAM C. CHANDAK, J. DATED : 29th SEPTEMBER, 2026 P.C. :- 1. Heard learned counsel for the parties. Perused the record. 2. Present application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), seeking release of the applicant on bail in connection with Cr.No. 165 of 2026 registered with Pelhar Police Station, Vasai, for the offence punishable under Sections 80, 85, 351(2), 352 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”), on the report dated 14th March, 2026 lodged by Manikchand Jaganath Maurya. There are total seven accused in the crime. 3. The prosecution case is that the deceased Kajal was daughter of the informant. The deceased was married to Vikas Maurya (A1) on 2nd March, 2025. The applicant is the brother of A1. After the marriage, the deceased used to reside jointly with her husband, applicant and their parents. On 7th January, 2026, the deceased visited the informant and stayed there till “Holi’ festival. On 6th March, 2026 she went to her matrimonial house. Page 1 of 4 SA_MANDAWGAD 902 BA 2480-26.DOC As the prosecution story goes further, on 13th March, 2026, the deceased phoned her aunt and complained that since she had resumed her matrimonial house on 6th March, 2026, no one from her in-laws’ side was properly talking with her; they continuously told her to work and assaulted her. On 13th March 2026, the deceased committed suicide by hanging. In the Report it is alleged that all the seven accused used to abuse and assault the deceased for dowry. Consequently the deceased committed suicide. Therefore, the aforesaid crime came to be registered and the Accused persons, including the applicant, were arrested. During investigation police recorded the statement of witnesses. On completion of the investigation, police submitted the charge-sheet. The trial Court has declined to release the applicant on bail. 4. Mr. Kashid, learned counsel for the applicant, has submitted that, absolutely, there is no evidence against the applicant of causing cruelty to the deceased nor about the demand of dowry by him coercing the deceased to meet the demand of dowry. All the allegations in that regard are vague and baseless. Therefore, the applicant may be released on bail. 5. Ms. Hiwrale, learned APP, on the other hand, has submitted that there is ample evidence against the applicant and co-accused that they all in furtherance of their common intention assaulted the deceased to force her to fulfill their unlawful demand of dowry. She submitted that the accused persons mentally harassed the deceased by telling her to do the household work. Therefore, the applicant is not entitled to bail. 6. I have considered these submissions. Renudevi is the aunt of the deceased. In her statement, Renudevi has stated that when SA_MANDAWGAD 902 BA 2480-26.DOC the deceased had visited her parental house, she had complained that the accused persons used to harass her on account of not giving money and ornaments in the marriage. It is stated that the deceased used to call Renudevi at an intervals of 2 to 3 days and complained the same. However, the aforesaid facts are not stated in the Report by the informant. There is no mention about the alleged demand of dowry or the cruelty caused between 2nd March 2025 till 6th March 2026 when the deceased last returned to her matrimonial home accompanied with the applicant. 7. In view of the above discussion, in my opinion, there is no prima facie case against the applicant of having committed the alleged offence. The investigation is over. Further detention of the applicant in jail will not serve any purpose. The trial will take its own time. The applicant is not likely to abscond and tamper with the prosecution evidence. 8. As a result, the applicant is entitled for bail. Hence, following Order :- (i) Applicant - Bipin Jogindar Maurya be released on bail in aforesaid FIR registered with Pelhar Police Station, Vasai, on his executing P.R. Bond in the sum of Rs.50,000/- with one or two sureties in the like amount. (ii) The applicant shall mark his attendance at once in each calender month between 11:00 a.m. to 2:00 p.m. till conclusion of the trial. Page 3 of 4 SA_MANDAWGAD 902 BA 2480-26.DOC (iii) The applicant shall regularly attend the proceedings before the jurisdictional Court unless exempted by the said Court, for the reasons to be recorded in writing. (iv) The applicant shall not tamper with the prosecution evidence and shall not directly or indirectly influence upon the prosecution witnesses to prevent them from deposing against him. (v) On being released from jail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change. (vi) 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. 9. Application stands disposed of in aforesaid terms. (SHYAM C. CHANDAK, J.) SANJAY ASARAM MANDAWGAD Digitally signed by SANJAY ASARAM MANDAWGAD Date: 2026.10.01 10:52:01 +0530