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2025 Supreme(Online)(Bom) 6556

BOMBAY HIGH COURT
Abhay S. Waghwase, J
Sumanbai W/o. Gulabrao Shinde – Appellant
Versus
The State of Maharashtra – Respondent
Anticipatory Bail Application NO. 1340 OF 2025 | Criminal Application NO.3223 OF 2025



Advocates:
For the Appellants/Petitioners: S.G. Shinde
For the Respondents: A.R. Lukhe

Anticipatory bail granted to an elderly individual where allegations are non-specific and primarily directed at others.

Headnote:(A) Bharatiya Nyaya Sanhita, 2023 - Sections 115(2), 3(5), 351(2), 352, 80, and 85 - Anticipatory bail - Applicant, mother-in-law of deceased, seeks bail claiming non-specific allegations, age, and cooperation with authorities - Respondent contends clear allegations of harassment and demand for money post-marriage - Court grants bail considering applicant's age and lack of direct allegations against her. (Paras 1, 3, 7)

(B) Criminal Procedure - Bail considerations - Protection from arrest in the light of personal circumstances and specific allegations against other parties involved. (Paras 4, 6)

Facts of the case:
Applicant is 63, mother-in-law of the deceased who committed suicide; allegations against her are generalized; the husband and brother-in-law are already arrested.

Findings of Court:
Applicant deserves protection given her age amid generalized allegations and ongoing investigation against other accused parties.

Issues: Main issues include whether the applicant faces specific allegations warranting refusals of bail and her right to protection given her age.

Ratio Decidendi: Grant of anticipatory bail upheld for elderly individual especially where allegations are generalized and do not directly implicate her in the alleged incident.

Result: Application is allowed; conditional bail granted.

Table of Content
1. applicant seeks anticipatory bail amidst non-specific allegations. (Para 1 , 2)
2. opposition highlights the seriousness of allegations including financial demands and harassment. (Para 3 , 4)
3. court reviews facts and considers applicant's age in the decision-making process. (Para 5 , 6)
4. court allows bail based on applicant's situation and generalized allegations. (Para 7)

CORAM : ABHAY S. WAGHWASE, J.

RESERVED ON : 21 AUGUST 2025 PRONOUNCED ON : 22 AUGUST 2025 PER COURT :-

1. The applicant apprehends her arrest in connection with Crime No. 0307 of 2025 registered at Ghansavangi Police Station, District Jalna, for offences punishable under Sections 115 (2), 3(5), 351(2), 352, 80, and 85 of the Bharatiya Nyaya Sanhita , 2023. Hence, the instant anticipatory bail application.

2. Criminal Application No.3223 of 2025 is filed for permission to assist learned APP. For the reasons mentioned in the application, the same is allowed and disposed of.

{2}

3. Learned counsel for the applicant pointed out that, the applicant is 63 years of age and she happens to be mother-in-law of deceased Vaishnavi, who had allegedly committed suicide on 21.06.2025. According to the learned counsel, allegations regarding demand and harassment are omnibus and nonspecific. That, primary allegations are against the husband and brother-in-law and they are already arrested. He further pointed out that the alleged suicide was on 21.06.2025, but FIR is after 3 days, and therefore, there is possibility of false implication due to annoyance. That, husband and brother-in-law are already arrested. That, applicant is an old lady and she is ready to cooperate with investigating machinery and make herself available as and when required. Hence, relief of anticipatory bail is urged for.

4. Learned APP as well as learned counsel for informant have strongly opposed on the ground that barely after 2 months after marriage, suicide has been committed. That, there was harassment for demand of Rs.5,00,000/-. That, deceased had informed family members. Learned counsel for informant pointed out that on the day of suicide itself, deceased had made phone a call to the informant as well as her uncle informing about demand of Rs.5,00,000/- being raised and harassment being inflicted. Learned counsel for informant {3}

brought to the notice of this Court photographs of deceased in hanging condition and would submit that the photographs and position of dead body does not suggest that it to be a case of suicidal hanging and there is possibility of murder. For all above reasons application is sought to be rejected.

5. Heard. Perused the FIR dated 24.06.2025 at the instance of father of deceased. FIR shows that marriage of deceased was performed with Rameshwar in April, 2025. It is alleged that barely eight days after the marriage, the deceased was subjected to abuse on petty counts. It is alleged that husband Rameshwar was addicted to liquor and after getting drunk he used to put up demand of Rs.5,00,000/- for setting up shop and he used to regularly beat her. It is alleged that on 21.06.2025 deceased made a phone call and told that her mother-in-law Sumanbai, brother-in-law Daulat and husband Rameshwar were asking her to bring Rs.5,00,000/- for setting up the shop. He reported that his daughter informed him that she was being abused and threatened to be killed in the backdrop of the above demand, and that she had insisted he arrange the money. It is further alleged that, on the same day, the informant’s brother, Shivram, also received a call from the deceased regarding the demand of Rs.5,00,000/-.

{4}

6. Thus, as pointed out, allegations of beating after getting drunk and raising demands of Rs. 5,00,000/- are directed against the husband. Regarding the episode of 21.06.2025, though the applicant is named, who abused her and issued a threat to kill, but in what manner and who issued the threat to kill is not stated and rather allegations are directed against all three i.e. moth

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