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2026 DAILYLAW 17246 (BOM)

MANISHA BALAJI THOMBARE v. THE STATE OF MAHARASHTRA

BA/1530/2026 · 2026-10-07

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Judgment text

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963-BA-1530-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 1530 OF 2026 Manisha Balaji Thombare ..APPLICANT VERSUS State of Maharashtra ..RESPONDENT .... Mr. D.A. Paikrao, Advocate for applicant Mr. S.D. Ghayal, A.P.P. for respondent - State .... CORAM : HITEN S. VENEGAVKAR, J. DATE : 07th OCTOBER, 2026 PER COURT : 1. Heard learned counsel for the applicant and learned A.P.P. for State. 2. The present application for regular bail is filed by the applicant who is a woman came to be arrested on 23rd December, 2025 in connection with F.I.R. bearing Crime No. 743 of 2025 registered with Bidkin Police Station, Dist. Chhatrapati Sambhajinagar for the offences punishable under Sections 108, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. The brief fact of the prosecution case is that the deceased was found hanging having committed suicide. The suicide note was recovered from the spot wherein the deceased has stated that he has been subjected to continuous harassment, torture and threats at the hands of his wife, father-in- 1 / 5 2026:BHC-AUG:47431 963-BA-1530-26.odt law and mother-in-law. It was further alleged in the suicide note that he came to know about his wife’s extra marital affair. The accused persons also threatened him and extorted money from him. The mental harassment at the hands of accused persons forced him to take extreme step of ending his life. On the basis of information of the informant, F.I.R. came to be registered against the accused persons. 4. Learned counsel for the applicant submits that the other accused persons, who are father-in-law and mother-in-law of the deceased and the alleged person, with whom the present applicant had extra marital affair, have already been released on bail. He argues that the entire prosecution case relied upon the suicide note that was recovered from the pocket of the deceased. He submits that apart from the vague allegations which are not linked with the commissioning of suicide, there is nothing on record to suggest involvement of the present applicant. He further submits that there were maternal disputes between the applicant and the deceased and for that reason both of them were residing separately for more than a month. He also submits that because there was maternal dispute, the present applicant cannot be held responsible for commissioning of suicide of the deceased. He submits that the applicant is a woman and lingering in jail since 23rd December, 2025. He thus submits that she be released on bail as all other co- accused persons have already been released on bail. 2 / 5 963-BA-1530-26.odt 5. Learned A.P.P., on the other hand, submits that the applicant is instrumental in the present offence. It is the harassment that has been mentally and physically caused to the deceased for which he has committed suicide. The argument of learned A.P.P. is more specific on the basis of documents collected in the nature of chats between the present applicant and her boyfriend / co-accused alongwith certain photographs. He states that the photographs and the chats were available with the applicant and there was exchange of the said photographs and chats with the family members of the present applicant just one day before commissioning of suicide. He submits that, therefore, it cannot be said that there is no proximity of time between the harassment caused and the alleged suicide. Taking overall view of the matter, learned A.P.P. submits that the present applicant does not deserve to be released on bail. 6. I have heard learned counsel for the applicant and learned A.P.P. for State and have also perused the entire charge-sheet. No doubt, there are certain incriminating material available on record which suggests that there is harassment which has been caused to the deceased. There are also allegations specifically made in the suicide note against the present applicant and all other co-accused persons. But considering the case on merits, the fact that present applicant is a woman and has a five years old daughter and the fact that her father is already dead, in the interest of justice, the applicant be released on bail. Evidence and trial can be completed and subsequently 3 / 5 963-BA-1530-26.odt whatever would come out from the trial, the applicant will have to undergo the same. Hence, the following order :- ORDER (i) The Bail Application is allowed. (ii) The applicants shall be released on bail in Crime No. 743 of 2025 registered with Bidkin Police Station, Dist. Chhatrapati Sambhajinagar for the offences punishable under Sections 108, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, on each furnishing a personal bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one or two solvent surety in the like amount, subject to the following conditions : a) The applicants shall attend the trial Court on every date fixed, unless their attendance is specifically exempted. b) The applicant shall attend the concerned police station, as and when called. c) The applicants shall not, directly or indirectly, contact, threaten, induce or influence the informant or any prosecution witness and shall not tamper with the prosecution evidence. d) The applicants shall furnish their current residential addresses and mobile numbers to the Investigating Officer and the trial Court within seven days of release, intimate any change forthwith, and attend the Investigating Officer upon prior written notice if further investigation is required. 4 / 5 963-BA-1530-26.odt e) The applicants shall not leave India without prior permission of the trial Court and, if they possess passports, shall deposit the same with the trial Court within seven days of their release. f) The applicants shall not involve themselves in any offence of a similar nature while on bail. (iii) Breach of any of the above conditions shall entitle the prosecution to apply for cancellation of bail. (iv) All observations in this order are prima facie and confined to the decision of this bail application. The trial Court shall decide the case independently on the evidence led before it. (v) Bail Application is disposed of in the above terms. ( HITEN S. VENEGAVKAR, J. ) SSD 5 / 5