Extracted from the PDF above. The PDF is authoritative.
32.BA.3348.2026.doc HARSHADA H. SAWANT (P.A.)
IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3348 OF 2026 A. Benniyamin .. Applicant Versus The State of Maharashtra .. Respondent .................... Mr. Ashok Mundargi a/w. Mr. Varun Thokal, Advocates i/by Madhav Chavan for Applicant. Mr. Amit A. Palkar, APP for Respondent. ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 02, 2026 P.C.
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1. Heard Mr. Mundargi, learned Advocate for Applicant and Mr. Palkar, learned APP for Respondent. 2. This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No.197 of 2026 registered with Bhosari MIDC Police Station, Pimpri Chinchwad for offences punishable under Sections 108 and 74 of the Bharatiya Nyaya Sanhita, 2023 for abetment of suicide of the victim. 3. Incident is dated 11.04.2026. The victim was a Ph.D. student having enrolled under the Applicant as her guide for completing her thesis. In the month of May-2026, the victim was about to complete her thesis and submit the same. The victim has left a suicide note, copy of which is appended at page No.58 1 of 4
32.BA.3348.2026.doc
4. With the able assistance of the learned Advocates at the bar, I have perused the same. The suicide note is dated 11.04.2026 and a very critical and direct disclosure is made in the said note of relationship with the Applicant on several instances. The events which transpired between 06.04.2026 and 11.04.2026 are all investigated by the prosecution by recording statements of the witnesses and appended at page No.78 onwards. I have perused the said statement. The Affidavit of apology and misbehaviour dated 09.04.2026 i.e. two days prior to the incident in question of Applicant is appended at page No.64. The said Affidavit is incidentally witnessed by another witness called Suraj who is the boyfriend of the victim and another witness called Tejas Shendkar, whose statement is appended at page No.116. I have perused the aforesaid material placed before me. 5. Prima facie, there is no case of abetement having been made out on the basis of the material which is placed before the Court.
Needless to state that complicity of the Applicant will undoubtedly be proved in trial as stated in the suicide note, however it is seen that the element of overwhelming guilt had overtaken the mindset of the victim when her boyfriend has found out about the relationship which is prima facie evident on reading of the suicide note itself. That itself read with statements recorded and absence of any abusive or violent behavior on the part of the Applicant needs to be considered for allowing the Applicant’s case for bail. Otherwise speaking, the Applicant is a senior scientist having 2 of 4
32.BA.3348.2026.doc distinguished and unblemished record in the field of knowledge and service. 6. Considering the aforesaid, Applicant has made out case for grant of bail subject to following conditions:- (i) Applicant is directed to be immediately released from prison in connection with Crime No. 197 of 2026; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs. 50,000/- (Rs.
Fifty Thousand only) with one or two surety / sureties of the like amount; (iii) Applicant shall report to the Investigating Officer at the concerned Police Station, once every month on the first Monday of the month between 10:00 a.m. to 12:00 p.m.; (iv) Applicant shall co-operate with the conduct of trial and attend the Trial Court on all dates, unless specifically exempted and will not take any unnecessary adjournments, if he does so it will entitle the prosecution to apply for revocation of this order; (v) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; (vi) Applicant shall not influence any of the witnesses or 3 of 4
32.BA.3348.2026.doc tamper with the evidence in any manner; (vii) Applicant shall keep the Investigating Officer informed of his current address and mobile contact number and / or change of residence or mobile details, if any, from time to time, as applicable; and (viii)Any infraction of the conditions shall entail cancellation of bail granted to the Applicant. 7. It is clarified that the observations made in this order are limited for the purpose of granting Bail only and I have not made any observations on merits of the case. The trial shall be adjudicated on the strength of the evidence led and strictly on its own merits being uninfluenced with any of the prima facie observations made hereinabove in this order. 8. Bail Application is allowed and disposed of in the above terms. H. H. SAWANT [ MILIND N. JADHAV, J. ] 4 of 4 HARSHADA HANUMANT SAWANT Digitally signed by HARSHADA HANUMANT SAWANT Date: 2026.09.02 17:36:36 +0530