1 42.ba.1151.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.1151 OF 2026 Vasanta s/o Maroti Popalghat ..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 V.A. Wankhede, Advocate for the applicant. Shri N.B. Jawade, APP for non-applicant/State. CORAM: M.M. NERLIKAR, J. DATE : 16.09.2026. Heard. 2. By way of this application, the applicant is seeking bail in connection with Crime No.508 of 2026 registered with Mehkar Police Station, Buldhana for the offences punishable under Sections 108, 115(2) and 352 of the Bharatiya Nyaya Sanhita (BNS), 2023. 3. The FIR came to be lodged by the father of the deceased alleging that due to consistent physical and mental harassment at the hands of the applicant, the deceased, who is the daughter of the informant, committed suicide and therefore the report. 4. The learned Counsel for the applicant submit that the marriage between the applicant and the deceased, was solemnized prior to 25 years. It is alleged that since last four months, the applicant is harassing the deceased as he has developed extra marital affair. Due to which, the deceased has committed suicide. It is submitted that there are vague and general allegations in FIR and therefore, considering the nature of allegations 2026:BHC-NAG:12394 2 42.ba.1151.2026 and as the ingredients of Section 108 of the BNS are not fulfilled, the applicant deserves to be granted bail. 5. On the other hand, the learned APP vehemently opposes the application by submitting that the deceased committed suicide as the applicant was having extramarital relations with another woman since last 4 months from the death of deceased. He further submits that it cannot be said that the ingredients of Section 108 of BNS are not fulfilled. To support his contention he has invited my attention to the FIR and submits that day before the incident, she was beaten mercilessly by the applicant and therefore, no other option was left with the deceased than to commit suicide. Therefore, the application is prayed to be rejected. 6. I have considered the rival submissions and perused the record. It appears that marriage between the applicant and deceased solemnized prior to 25 years. It appears that there are allegations of extramarital relations of applicant due to which applicant used to harass the deceased. The allegations against the applicant are that he had an extramarital affair with another woman, as a result of which the deceased wife committed suicide. It is to be noted that in order to constitute the offence under Section 108 of BNS, the abettor must be shown to have intentionally aided and no other option was left with the deceased. Therefore, considering the settled position of law, prima facie, I am of the considered opinion that the allegations fall short and accordingly, the applicant has made out a case for grant of bail. Hence the following order. 3 42.ba.1151.2026 (a) The application is allowed. (b) The applicant Vasanta s/o Maroti Popalghat in connection with Crime No.508 of 2026 registered with Mehkar Police Station, Buldhana for the offences punishable under Sections 108, 115(2) and 352 of the Bharatiya Nyaya Sanhita (BNS), 2023, be released on bail on furnishing P.R. bond of Rs.50,000/- with one solvent 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 shall not change his place of residence without prior intimation to the Investigating Agency. (e) The accused shall attend each and every date of trial regularly. If he fails to attend the trial for a single date, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail. 7. The observations are prima facie in nature and the Trial Court shall not be influenced by the same . 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: 17/09/2026 18:11:04