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2026 DAILYLAW 8558 (BOM)

SUREKHA SALIL AHIR v. THE STATE OF MAHARASHTRA

BA/1292/2026 · 2026-09-11

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Judgment text

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MANOJ 917-BA-1292-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1292 OF 2026 Surekha Salil Ahir …Applicant V/s. The State of Maharashtra …Respondent Mr. Vinod Kashid, fro the Applicant. Mr. T.G. Khan, APP for the Respondent-State. PSI – Sachin Baban Pramhan, Naupada Police Station, Thane, present. CORAM: SHYAM C. CHANDAK, J. DATED : 11th SEPTEMBER, 2026 P.C. :- 1. Heard learned counsel for the parties. Perused the record. 2. Applicant seeks her release on bail in connection with Sessions Case No.894 of 2025, pending on the file of the learned Additional Sessions Judge, Thane, arising out of Cr.No.645 of 2025, registered with Naupada Police Station, Thane, for the offence punishable under Sections 108, 80(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023 (“BNS”) and Sections 3 and 4 of the Dowry Prohibition Act, 1961, on the report dated 5th September, 2025 lodged by Smt. Pushpa Kishor Yadav, mother of the deceased. 3. The prosecution case is that, the deceased was daughter of the informant. Accused No.1 and the deceased got married with each other on 3rd February, 2025. After the marriage, the victim went to cohabit in the family of the accused. The applicant was the mother- in-law of the deceased. Page 1 of 4 WAKLE MANOJ JANARDHAN Digitally signed by WAKLE MANOJ JANARDHAN Date: 2026.09.16 16:08:13 +0530 MANOJ 917-BA-1292-2026.DOC It is alleged that, when the elder sister-in-law of the deceased had come for her delivery, there were large number of members in the family. The deceased was doing the entire household chores including cooking for all the family members. However, the applicant used to harass the deceased telling her to do every small work and, taunted that, she was very slow at work. It is alleged that dowry amount of Rs.2,50,000/- remained unpaid. It is alleged that, the applicant and father-in-law of the deceased used to repeatedly demand that amount from the deceased to be brought from her father. The sister-in-law of the victim also used to behave in an indecent manner with her. The gold ornaments of the deceased were removed from her possession. It is alleged that, thus, the deceased was instigated to commit suicide by hanging. Accordingly, said crime came to be registered and applicant including other accused persons were arrested. On completion of the investigation, police submitted the charge-sheet. The trial Court refused to release the applicant on bail. 4. Mr. Khan, the learned APP opposed the application stating that, there is a prima facie case of dowry death against the applicant. Therefore, she is not entitled for bail. 5. Mr. Kashid, learned counsel for the applicant submitted that, the allegations against the father-in-law and the applicant are similar in nature. This is irrefutable. The father-in-law is released on bail by the trial Court. Therefore, the principle of parity is applicable in this case. That apart, the applicant is in jail for last one year. The trial is yet to commence. Till the date, no charge is framed. Therefore, the trial is not likely to commence and conclude within a foreseeable period. Page 2 of 4 MANOJ 917-BA-1292-2026.DOC 6. In the backdrop, I am inclined to allow this application. Hence, following Order:- (i) Applicant – Surekha Salil Ahir shall be released on bail in connection with Session Case No.894 of 2025, pending on the file of the learned Additional Sessions Judge, Thane, arising out of Cr.No.645 of 2025, registered with Naupada Police Station, Thane, on her furnishing P.R. Bond in the sum of Rs.50,000/- with one or two sureties in the like amount. (ii) The applicant shall regularly attend the proceedings before the jurisdictional Court. (iii) The applicant shall not tamper with the prosecution evidence and shall not directly or indirectly influence upon the prosecution witness to prevent them from deposing against her. (iv) On being released from jail, the applicant shall furnish her contact number and residential address to the Investigation Officer and shall keep him updated, in case there is any change. (v) It is clarified that any observation made in the present Order are for the purpose of deciding the present Bail application and should not influence the outcome of the trial and also not be taken as an expression of opinion on the merits of the case. 7. At this stage, as requested by Mr. Kashid, the applicant is granted four weeks time to furnish the surety. Till then, the applicant be released on bail on her executing a P.R. Bond in the sum of Rs.50,000/- and depositing a sum of Rs.25,000/- in lieu of MANOJ 917-BA-1292-2026.DOC furnishing the surety. On furnishing such surety/ies, the amount of Rs.25,000/- deposited by the applicant shall be returned. 8. Application stands disposed of in the aforesaid terms. (SHYAM C. CHANDAK, J.)