Salman Ajij Alias Anij Pathan v. The State Of Maharashtra

2025:BHC-AUG:30608

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1808 OF 2025 Salman Ajij Alias Anij Pathan

VERSUS

The State Of Maharashtra ...

• Mr. G. L. Deshpande, Advocate for Applicant • Mr. S. G. Sangle, Addl.PP for Respondent-State ...

CORAM : MEHROZ K. PATHAN, J.

DATED : 07.11.2025 PER COURT :

1.

The applicant has filed the present application seeking grant of regular bail in connection with Crime No. 190 of 2025, charge-sheet and sessions case No. 164 of 2025, registered with Ausa Police Station, Latur, Dist. Latur dated 11.05.2025 for the offences under Sections 80, 80(1), 80(2), 3(5) of Bharatiya Nyaya Sanhita, 2023. 2.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is further submitted that the death of the deceased has occurred at her parental home and there was no immediate instigation on the part of the applicant, which could have driven the deceased to commit suicide. The applicant has no prior criminal antecedents. There is a delay of six 1/4

days in lodging the First Information Report. It is further submitted that there are major contradictions in respect of her arrival at the marital home. The allegations of harassment are vague and do not specify the exact dates and reasons. The applicant has been in custody since 05.06.2025, i.e., for more than five months. As the investigation is complete and the charge-sheet has already been filed, further incarceration of the applicant is not necessary. Hence, it is prayed that the applicant may be released on bail. 3.

As against this, Shri. Sangle, the learned Addl.PP, strongly objected the application on the ground that the offence is serious in nature and that the applicant is charged with committing dowry death of the deceased, who allegedly committed suicide at her parental home due to the continuous cruelty and harassment at the hands of the applicant. The marriage has taken place within one year prior to the date of death, and therefore, the provisions of Section 80 of the Bharatiya Nyaya Sanhita, 2023, are clearly attracted. It is thus, submitted that the applicant may not be released on bail. 4.

I have gone through the charge-sheet and the evidence collected by the Investigating Officer during the course of investigation. A perusal of the First Information Report would show that the FIR was lodged six days after the incident of suicide. The FIR 2/4

does not disclose any immediate proximate act of cruelty or harassment that could prima facie be connected with the alleged suicide. However, these observations are purely prima facie in nature. Considering that the investigation has been completed and the charge-sheet has been filed, I am inclined to exercise the discretion under Section 483 of BNS, as no fruitful purpose would be served by further detention of the applicant and the trial could take its own time for conclusion. Hence, the following order is passed :-

O R D E R

A) The applicant shall be released on bail in connection with Crime No. 190 of 2025, registered with Ausa Police Station, Latur, Dist. Latur dated 11.05.2025 for the offences under Sections 80, 80(1), 80(2), 3(5) of Bharatiya Nyaya Sanhita, 2023, on furnishing PR Bond of Rs. 50,000/- with one or two sureties in the like amount.

B) The applicant shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court.

C) The applicant shall not tamper with the prosecution evidence or attempt to influence or threaten any witness in any manner. A single incident of such conduct would entitle the prosecution to seek cancellation of the bail granted to the present applicant.

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D) The applicant, upon being released on bail, shall furnish his residential address, contact number, and copies of his Aadhaar / PAN Cards to the Investigating Officer as well as trial Court, and shall also provide the names, addresses, and contact numbers of his close relatives for the purpose of record and verification.

5.

The application stands disposed of accordingly. ( MEHROZ K. PATHAN, J. ) 4/4