Kabeer Bhismadevari Bharali v. State Of Maharashtra

SMITA JOHNSON GONSALVES SMITA JOHNSON GONSALVES Date: 2025.07.19 16:17:45 +0530 sg 918@919.aba1957,1958-25.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No. 1957 of 2025 Jyoti Koch Deori ... Applicant versus The State of Maharashtra ... Respondent With Anticipatory Bail Application No. 1958 of 2025 Kabeer Bhismadevari Bharali ... Applicant versus The State of Maharashtra ... Respondent ---- Mr Milan Desai, a/w. Ms Neeta Prajapati, Mr Sudeep R Sharma, Mr Rohan Naidu and Mr Rahul Kadam, i/b. Pranay Chaugule, for the applicants in both ABAs.

Mr SV Walve, APP, for the respondent/State in ABA/1957/ 2025.

Mr PP Deokar, APP, for the respondent/State in ABA/1958/ 2025.

API Raju Rathod, Goregaon Police Station, is present. ---- Coram: R.N. Laddha, J.

Date: 17 July 2025 P.C.:

.

The learned Counsel for the applicants submits that marriage between the deceased and applicant Kabeer was

sg 918@919.aba1957,1958-25.docx solemnized on 31 October 2021. The unfortunate incident of the deceased's suicide occurred on 3 September 2024. However, despite the lapse of a considerable period, the FIR was not lodged until 21 December 2024. The learned Counsel submits that this substantial and unexplained delay in lodging the FIR casts serious doubts on the veracity and immediacy of the allegations made against the applicants. With respect to applicant Jyoti, the learned Counsel submits that she is the mother-in-law of the deceased and, crucially, was not residing with the deceased at the relevant time. Instead, she was living separately in the State of Assam. There is no material on record to indicate that the deceased was driven to suicide due to any direct or indirect instigation, harassment, or involvement by the applicants.

The learned Counsel further submits that the applicants were served with a notice under Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, in pursuance of which they appeared before the investigating officer. The applicant have fully cooperated with the investigation, and their statements have been duly recorded. The learned Counsel further submits that the investigation in the present matter stands concluded, and there remains no further requirement for recovery or discovery of any material from the applicants. 2.

The learned Counsel further seeks leave to implead the

sg 918@919.aba1957,1958-25.docx first informant as a party respondent to this application. Leave granted as prayed for. The necessary amendment shall be carried out within one week from today. After the amendment is carried out, issue notice to the newly added respondent. 3.

The learned APP concedes that the investigation is almost complete and nothing is to be recovered from the applicants. 4.

By consent, stand over to 8 August 2025. There shall not be any coercive action against the applicants in the present crime till the next date.

(R.N. Laddha, J.)