Rekha Prmeshwar Gadade v. The State Of Maharashtra

2026:BHC-AUG:5072 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.2566 OF 2025 Rekha Parmeshwar Gadade ... APPLICANT

VERSUS

The State of Maharashtra ... RESPONDENT .......

Mr. M.S. Patil, Advocate for applicant Mr. G.O. Wattamwar, A.P.P. for respondent - State .......

CORAM : SACHIN S. DESHMUKH, J.

DATE : 3rd FEBRUARY, 2026 PER COURT :

1.

By this application, the applicant seeks release on regular bail in connection with Crime No.227/2025, registered with Dhoki Police Station, District Dharashiv for the offences punishable under Sections 108, 352, 351(2), 351(3), 3(5) of the Bhartiya Nyaya Sanhita, 2023.

2.

The prosecution case is that, the informant is daughter of the present applicant, who lodged F.I.R. alleging that the present

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applicant was having illicit relationship with co-accused Changdev Thorat and despite repeated warnings from her husband Parmeshwar, she continued the alleged relationship. Due to humiliation and distress caused in the society by the alleged conduct of the applicant, the deceased committed suicide on 8/7/2025.

3.

Learned counsel for the applicant submits that, the alleged incident is dated 8/7/2025 whereas the report is lodged on 4/8/2025. Moreover, the material on record does not indicate any proximate reason which led the deceased to commit suicide. In that view of the matter, the application deserves to be allowed. 4.

Per contra, learned A.P.P. vehemently opposed the application and submitted that, there is sufficient material on record which disentitles the applicant to be enlarged on bail. Nevertheless, the release of the applicant would impact the prosecution witnesses those include the son and daughter of the applicant. In that view of the matter, the learned A.P.P. prayed to reject the application.

5.

Upon hearing learned counsel for both sides, and considering the inordinate delay in lodging the F.I.R. and prima

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facie, there is no material on record to indicate and establish that there was proximate reason which eventually compelled the deceased to commit suicide. The prosecution has cited 23 witnesses, hence the commencement and conclusion of the trial will take considerable time. Moreover, the applicant is a lady. Hence, she is entitled for special consideration for bail under the provisions of Section 480 of the Bhartiya Nagarik Suraksha Sanhita. In that view of the matter, the application warrants consideration. The apprehension expressed by learned A.P.P. can be adequately taken care of by imposing stringent conditions upon the applicant.

6.

Nevertheless, the investigation is complete for all intents and purposes. The apprehension of learned A.P.P. can be taken care of by imposing stringent conditions upon the applicant. Hence the order :

O R D E R

(i) Bail Application is allowed.

(ii) The applicant Rekha Parmeshwar Gadade be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the like amount

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in the above crime, on the conditions that :

(a) The applicant shall not tamper with the prosecution witnesses in any way.

(b) The applicant shall remain present on each date, unless exempted by the trial Court.

(c) In the event of breach of the condition, the concerned Court shall consider the application of the prosecution for cancellation of bail notwithstanding the fact that this Court has passed this order of granting bail to the applicant.

(iii) Needless to state that, the observations rendered herein are confined to the present application, and the trial Court shall not be influenced by the same.

(SACHIN S. DESHMUKH, J.) fmp/-