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2026 DAILYLAW 13542 (BOM)

URMILA ALIAS TARAMATI W/O MAHADEO ALIAS MADHAV BAKAL (IN JAIL) v. STATE OF MAHARASHTRA THR PSO., PS SHIRPUR DIST. WASHIM (CRIME NO. 260/2026)

BA/1253/2026 · 2026-09-30

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Judgment text

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Order 300926ba1253.26 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [BA] NO. 1253 OF 2026. Urmila @ Taramati Mahadeo @ Madhav Bakal -VERSUS- State of Maharashtra Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. Shri S.M. Bhangde, Advocate for the Applicant. Shri A.M. Kadukar, A.P.P. for the Non-applicant /State. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 30, 2026. Heard learned counsel for the parties. 2. The applicant came to be arrested in connection with Crime No.260/2026 registered with Shirpur Police Station District Washim, for the offence punishable under Sections 108 and 3[5] of the Bharatiya Nyaya Sanhita, 2023 (BNS). 3. The first information report came to be lodged by Sudhakar Ingole alleging that on 13.06.2026 he got information that his brother-in-law Santosh had committed suicide. However sister and children were not found in their house. On Rgd. 2026:BHC-NAG:13064 Order 300926ba1253.26 2 search they were found dead in the Well in their agricultural field. It is alleged that the accused including the applicant was harassing the deceased and his family members over the agricultural land. Against which prior reports were also found. However, as the harassment did not stop, the deceased and his family committed suicide. Hence, the report. 4. The learned Counsel for the applicant submits that Santosh and Mahadeo are real brothers. They were having some dispute over agricultural land. It is the allegations that Mahadeo and his family were consistently harassing Santosh, due to which Santosh committed suicide on 13.06.2026. The learned Counsel submits ingredients of Section 108 of the BNS are not made out, since there is no intention on the part of the applicant, that the deceased should commit suicide. He further submits that considering the nature of allegations, the applicant cannot be blamed for the suicide of Santosh. Infact, the applicant is wife of Mahadeo, in such circumstances, it is submitted that there may be dispute between Santosh and Mahadeo, merely because applicant is wife of Mahadeo, the first information report is registered against her also. Hence, he prayed for grant of bail. Rgd. Order 300926ba1253.26 3 5. The learned A.P.P. vehemently opposed the application by submitting that previously also report was registered against the applicant and her husband Mahadeo on 01.03.2024. There are several NCR filed against the family of Mahadeo, including present applicant. There was consistent harassment by the accused, which led the deceased to commit suicide, and in such circumstances, it cannot be said that the ingredients of Section 108 of the BNS are not made out. He prayed for rejection of the application. 6. Upon consideration of the submissions and after going through the material placed before this Court and on perusal of first information report and charge sheet, it revealed that deceased person committed suicide on 13.06.2026. Further there was dispute between Santosh and Mahadeo who is husband of the applicant. It further appears that previously some cases were also filed by the deceased against them. Considering the over all aspect, prima facie it appears that the degree which is required to attract Section 108 is missing. In such circumstances, I am inclined to grant bail to the applicant. Hence, the following order. Rgd. Order 300926ba1253.26 4 ORDER (i) Criminal Application is allowed and disposed of. (ii) The applicant /accused Urmila @ Tarmati Mahadeo @ Madhav Bakal be released on regular bail in connection with Crime No.260/2026 registered with Shirpur Police Station District Washim, for the offence punishable under Sections 108 and 3[5] of the Bharatiya Nyaya Sanhita, 2023 (BNS) on her furnishing P.R. Bond of Rs.50,000/- with two sureties in the like amount. (iii) The accused shall not enter within the territorial jurisdiction where the informant is residing, except for attending the trial, till its completion. (iv) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence. (v) The accused shall provide her residential address and cell number to Police Station concerned and shall not change her place of residence without prior intimation to the Investigating Agency. (vi) The accused shall attend each and every date of trial regularly. If she fails to attend the trial for one single date, or fails to comply with the aforesaid conditions, her default would entail the State to ask for cancellation of bail. (vii) The above observations are prima facie in nature, and restricted for the purpose of deciding this Rgd. Order 300926ba1253.26 5 application. The Trial Court shall not get itself influenced by said observations, during the course of trial. (viii) Misc. Applications, if any, are also disposed of. JUDGE Rgd. Signed by: R.G. Dhuriya (RGD) Designation: Senior Pvt. Secretary Date: 01/10/2026 16:53:32