Kabeer Bhismadevari Bharali v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 318 OF 2026 Reecha Bharali ...Applicant V/s.
The State of Maharashtra and Anr.
...Respondents
WITH ANTICIPATORY BAIL APPLICATION NO. 1958 OF 2025 Kabeer Bhismadevari Bhara ...Applicant V/s.
The State of Maharashtra
...Respondent
WITH ANTICIPATORY BAIL APPLICATION NO. 1957 OF 2025 Jyoti Koch Deori ...Applicant V/s.
The State of Maharashtra
...Respondent
Mr. Sarthak Shetty, Advocate for the Applicant in All Applications. Mr. B. V. Holambe Patil, APP for the Respondent/State. Adv. Kushal Mor i/b Mr. Rohan Chavan a/w Mr. Rishab Khot, Advocate for Respondent Nos.2.
CORAM
:
N.R. BORKAR, J.
DATE :
12.02.2026.
1/5
P.C. :
1.
All these applications are arising out of the one and the same crime and thus they are being disposed of by this common order.
2.
The applicants are apprehending their arrest in Crime No. 904 of 2024 registered at Goregaon Police Station, for the offences punishable under Sections 108, 80, 85 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3.
I have heard the learned counsel for the applicant, the learned APP for the respondent-State and the learned counsel for the first informant.
4.
This Court on 17.07.2025 in Anticipatory Bail Application No. 1957 of 2025 and Anticipatory Bail Application No. 1858 of 2025 passed the following order :
.
The learned Counsel for the applicants submits that marriage between the deceased and applicant Kabeer was solemnized on 31 October 2021. The unfortunate incident of the deceased's suicide occurred on 3 September 2024. However, despite the lapse of a 2/5
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 3/5
implead the 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.
5.
The investigation is over and the prosecution has already filed the charge-sheet against the present applicants. Prima-facie, there appears to be a delay in lodging the FIR. Considering the overall facts and circumstances, I am inclined to release the applicants on anticipatory bail. In the result, the following order is passed :
O R D E R
a) The Application is allowed.
4/5
b) In the event of arrest of the applicant in connection with Crime No. 904 of 2024 registered at Goregaon Police Station, for the offences punishable under Sections 108, 80, 85 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, the applicant be released on bail on furnishing P.R. Bond in the sum of Rs. 25,000/- each with one or two sureties in the like amount.
[N.R.BORKAR, J.] 5/5