1 15 ABA 778.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 778/2026 (Vaibhav Dadarao Warge 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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S. M. Nafde, Advcoate for applicant. Mr. H. D. Marathe, APP for non-applicant/State Mr. N. G. Tikar, Advocate for non-applicant No.2. CORAM: M. M. NERLIKAR, J . DATED : 16/09/2026. Heard. 2. By this application, the applicant is seeking anticipatory bail in connection with Crime No. 270/2026 registered with Police Station Tamgaon, Tq. Sangrampur, Dist. Buldhana for the offences punishable under Sections 108, 351(3) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”). 3. The brief facts of the prosecution case are that the informant lodged first information report (“FIR”) in connection with suicidal death of his brother namely Deepak. It is alleged that deceased Deepak had been serving as the Sarpanch of the Karmoda Village for the last 3 years. It is further alleged that, on 10/08/2026, the deceased met the informant and informed him that, owing 2 15 ABA 778.26 to the considerable agricultural work to be undertaken in the agricultural field, he would be staying there overnight. Accordingly, the deceased Deepak along with his servant, namely Tarachand, stayed overnight at the agricultural field. On the next day i.e. 11/08/2026, at around 6:00 am, when the informant went to the agricultural field, the servant Tarachand informed him that, some person was hanging from a Neem Tree in the field. Therefore, The informant went to the spot and found that, his brother Deepak was hanging from a Neem Tree. Whereas, the informant then informed about the death of his brother Deepak to other relatives. At around 11:00 a.m. the informant viewed the Whatsapp status of the deceased Deepak, he found that the deceased had uploaded a video stating that he was committing suicide due to the trouble and harassment caused by the applicant. The video further revealed that, the applicant was causing trouble to the deceased and asking him to resign from the post of Sarpanch. Further he stated that in the video the applicant has threatened him resulting in his suicide. Based these allegations, the FIR was registered. 3 15 ABA 778.26 4. The learned counsel for the applicant submits that, the applicant was protected by this Court granting interim order dated 01/09/2026. The learned counsel further submits that even if the allegations are taken as it is, no ingredients of Section 108 of the BNS are satisfied. Though, the allegations against the applicant are that the applicant has insisted the deceased that he should resign from the post of Sarpanch and for that purpose he was continuously harassing the deceased. From the first information report, it could be gathered that the deceased has recorded a video stating that due to the harassment caused by the applicant, he is committing suicide and the said video was uploaded on his WhatsApp status. However, he submits that, even assuming the existence of the said video, the alleged harassment must be of such a nature and degree as to leave the deceased with no option, but to take the extreme step of committing suicide. Merely on the basis of the video, the applicant cannot be said to have committed the offence. Under such circumstances, he prays for grant of anticipatory bail. 5. On the other hand, the learned APP and the learned counsel appearing for the informant vehemently 4 15 ABA 778.26 opposed the application and submit that prior to the commission of the suicide by the deceased Deepak the applicant has made more than 20 phone calls to him. They further heavily rely on the video uploaded by the deceased on his WhatsApp status. It is submitted that no option was left with the deceased except to commit suicide, as the applicant was consistently harassing him. The statement of the deceased’s wife also reveals that the applicant used to visit the house of the deceased. Under such circumstances, both the learned APP and the learned counsel for the applicant prayed for rejection of the application, as the custodial interrogations would be imperative. 6. I have considered submissions of both the sides. I have also gone through the case diary produced by the learned APP. Considering the contents of first information report, it appears that the deceased has committed suicide on 11/08/2026. It further appears that the deceased was working as a Sarpanch of the village. The first information report further reveals that the applicant has been insisting the deceased to resign from the post of Sarpanch as he wanted to become the Sarpanch. It further appears that before commission of the suicide, the deceased had 5 15 ABA 778.26 recorded a video against the applicant, stating that he was committing the suicide due to the harassment by the applicant. The said video was also uploaded on the deceased’s WhatsApp status. I have also perused the statement of the wife of the deceased. Upon perusal of the material placed before me, I am of the considered opinion that the degree of harassment must be high that no option was left with the deceased except to commit suicide. Considering the material on record, I do not find that such a degree is surfaces on record. Hence, the following order:- ORDER (I) Application is allowed and disposed of. (II) The order dated 01/09/2026 is hereby confirmed on the same terms and conditions as incorporated in the said order. In addition to the condition imposed vide order dated 01/09/2026, one more following conditon is imposed:- (III) The applicant shall not enter into the village Karmoda, Tah. Sangrampur, Dist. Buldhana till filing of the charge-sheet. 7. Pending application(s), if any, stand disposed of accordingly. 6 15 ABA 778.26 8. The observations of this Court are prima facie in nature and are only limited to this application. The Trial Court shall not be influenced by the aforesaid observations. ( M. M. NERLIKAR , J.) Gohane Signed by: Mr. J. B. Gohane Designation: PS To Honourable Judge Date: 16/09/2026 18:38:45