1 24.ba.908.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO. 908 OF 2026 Ashok s/o Bhimrao Pole ..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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri J.S. Wankhede, Advocate for the applicant. Shri H.R. Dhumale, APP for the non-applicant/State. CORAM: M.M. NERLIKAR, J. DATE : 18.08.2026. Heard. 2. By way of this application, the applicant is seeking bail in connection with Crime No.504 of 2017 registered with Pusad Rural Police Station District Yavatmal for the offence punishable under Sections 306 of the Indian Penal Code, 1860. 3. The FIR came to be lodged by the husband of the deceased alleging the abetment at the hands of the applicant to his wife for committing suicide by jumping into the well, as there was illicit relations between them. 4. Learned Counsel for the submits that the incident of suicide by Surekha (deceased) occurred on 05.07.2017 however, the FIR came to be lodged on 26.12.2017 i.e. after 5 months. Learned Counsel for the applicant submits that from the charge-sheet it appears that there were illicit relations between the applicant and the deceased, which at later point of time ended, however as the applicant was interested in continue the 2 24.ba.908.2026 said relationship, he used to harass the deceased and therefore, the wife of the informant has committed the suicide. It is submitted that ingredients to attract the provisions of Section 306 of the IPC are absent, as there is no abetment or instigation on the part of the applicant. The applicant was arrested in the present crime on 28.04.2026 as the applicant was not aware about the registration of the FIR against him. It is only when he was arrested in another crime in Nanded district, his production warrant was sought and accordingly he was arrested in the present crime. And therefore, considering the nature of allegations, the applicant prayed to be enlarged on bail. 5. On the other hand, learned APP vehemently opposed the application on the ground that since the date of registration of FIR, the applicant was absconding however the learned APP has not shown that any steps were taken by the Investigating Officer to declare him as ‘absconded’. Learned APP further submitted that due to consistent harassment at the hands of the applicant, the deceased committed suicide. There are several statements including the FIR, which goes to show that it was the applicant who is responsible for the death of the deceased and therefore, the application is prayed to be rejected. 6. I have considered the rival submissions and perused the record. 7. It appears that the incident took place on 05.07.2017 whereas the FIR was lodged on 26.12.2017. 3 24.ba.908.2026 There is huge delay of 5 months in lodging of the FIR for which there is no explanation. Also, there is no material to show that at any point of time, the applicant was made aware about the registration of FIR against him. It is only after commission of crime of assaulting his mother-in-law with the help of knife at Nanded District wherein he was arrested, after which the applicant was taken into custody in the present crime on production warrant, till that time no efforts are taken to inform the applicant about the registration of present crime. Therefore it cannot be said that he was absconding. Therefore, considering the delay in lodging of the FIR and nature of allegation, I am of the considered opinion that no purpose would be served by keeping the applicant behind bars. Hence the following order : (a) The application is allowed. (b) The applicant Ashok s/o Bhimrao Pole in connection with Crime No.504 of 2017 registered with Pusad Rural Police Station District Yavatmal for the offence punishable under Sections 306 of the Indian Penal Code, 1860, be released on bail on furnishing P.R. bond of Rs.50,000/- with one surety in the like amount. (c) The applicant 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. (d) The accused shall provide his residential address and cell number to Police Station concerned and 4 24.ba.908.2026 shall not change his place of residence without prior intimation to the Investigating Agency. (e) The accused shall attend concerned Police Station twice a month i.e. on 1st and 15th day of each month during 10.00 am to 2.00 pm till the filing of the charge-sheet and after commencement of trial, he shall attend the trial. If he fails to attend or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail. 8. All Misc. application(s), pending if any, shall stands disposed of accordingly. (M.M. NERLIKAR , J. ) Trupti Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 18/08/2026 18:33:26