1 13 ABA 844.26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 844/2026 (Gopal Gajanan Gote & Rukmini Gajanan Gote Vs. State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S. V. Sirpurkar, Advocate for applicant. Ms. S. N. Thakur, APP for non-applicant/State. CORAM: M. M. NERLIKAR, J . DATED : 05/10/2026. Heard. 2. By this application, the applicant is seeking anticipatory bail in connection with Crime No. 471/2026 registered with Police Station Washim (Rural), Tah. and Dist. Washim for the offences punishable under Sections 108, 127(2), 238 and 3(5) of the Bharatiya Nyaya Sanhita (“BNS”). 3. The brief facts of the prosecution case are that on 29/03/2026, the deceased Gajanan Rameshwar Gote committed suicide by hanging at the place of his residence. The incident was accordingly reported to the police and an entry regarding unnatural death came to be registered on 01/09/2026. The allegations in the first information report are against the applicants who are the son and wife of the deceased respectively that they have harassed the 2 13 ABA 844.26.odt deceased into committing suicide due to property dispute. 4. The learned counsel for the applicants submits that the deceased committed suicide by hanging and that the present applicants are the son and wife of the deceased. It is alleged that, over a property dispute, the present applicants tortured the deceased and, therefore, he committed suicide. Even if the allegations are taken as it is no offence under Section 108 of the BNS is made out. The incident of suicide took place on 28/03/2026, whereas the First Information Report was registered on 01/09/2026, i.e. almost six months thereafter. Therefore, he submits that, considering the nature of the allegations and the delay in lodging the FIR, the applicants deserve to be granted bail. 5. On the other hand, the learned APP vehemently opposes the application and submits that initially a Murg report was registered, pursuant to which an inquiry was conducted. During the inquiry, it transpired that there were injuries on the deceased. She further submits that, apart from this, there are allegations that the applicants had harassed, assaulted and tortured the deceased over the issue of property. Under such circumstances, it cannot be 3 13 ABA 844.26.odt said that the offence under Section 108 of the BNS is not made out. Therefore, the applicants do not deserve to be granted bail. 6. Upon consideration of the rival submissions and perusal of the First Information Report, it appears that the deceased committed suicide on 28/03/2026, whereas the First Information Report was registered on 01/09/2026. There is absolutely no explanation in the First Information Report for such a substantial delay. Upon perusal of the First Information Report, it appears that the allegations have been made as an afterthought. Even assuming, for the sake of argument, that there are allegations against the applicants, in order to attract Section 108 of the BNS, the magnitude of the alleged harassment should be such that no other option was left for the deceased except to commit suicide. In my opinion, there are no allegations of such nature so as to attract Section 108 of the BNS. Therefore, I am inclined to grant bail to the applicants by imposing certain terms and conditions. Hence, the following order:- ORDER (I) Application is allowed and disposed of (II) In the event of arrest, the applicants Gopal Gajanan Gote and Rukmini Gajanan Gote be released on anticipatory 4 13 ABA 844.26.odt bail in connection with Crime No. 471/2026 registered with Police Station Washim (Rural), Tah. and Dist. Washim for the offences punishable under Sections 108, 127(2), 238 and 3(5) of the BNS on their furnishing PR bond of Rs. 25,000/- each with one solvent surety in the like amount. (III) The applicants shall attend the concerned Police Station on every Sunday between 11.00 a.m. to 02.00 p.m. or as and when called by the Investigating Officer. (IV) The applicants shall not tamper with the prosecution evidence in any manner. 7. Pending application(s), if any, stand disposed of accordingly. 8. The observations of this Court are prima facie in nature and are only limited to this application. The Trial Court shall not be influenced by the aforesaid observations. ( M. M. NERLIKAR , J.) Gohane Signed by: Mr. J. B. Gohane Designation: PS To Honourable Judge Date: 05/10/2026 18:05:55