Malhari Yashwant Timkare And Another v. The State Of Maharashtra

2026:BHC-AUG:5063 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.105 OF 2026

1. Malhari s/o Yashwant Timkare

2. Leelabai w/o Malhari Timkare ... APPLICANTS

VERSUS

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

Mr. S.B. Pawar, Advocate for applicants Mr. G.O. Wattamwar, .P.P. for respondent - State .......

CORAM : SACHIN S. DESHMUKH, J.

DATE : 3rd FEBRUARY, 2026 PER COURT :

1.

By this application, the applicants seek release on regular bail in connection with Crime No.960/29025, registered with MIDC Police Station, District Ahilyanagar for the offences punishable under sections 108, 80, 85, 3(5) of the Bhartiya Nyaya Sanhita, 2023.

2.

The prosecution case is that, her daughter Jayshree

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has been married with Akshay Timkare on 20/1/2022, who is in Army at Jammu & Kashmir and comes to his village by taking leave. It is alleged that, since beginning the present applicant and other accused were harassing his daughter physically as well as mentally on account of gold ornaments from her parents. 3.

It is alleged that, on 26/12/2025 at about 11.00 p.m., when the complainant was at his residence, he received phone call from the present applicant No.1, who informed that Jayshree was not in the house and enquired whether she has reached to her parents house. He replied in negative and asked to search for her. The complainant also made phone call to Jayshree, however, as there was no response, he along with his relatives proceeded to her matrimonial home. After a while, the present applicant No.1 made phone call and informed that the mobile of his daughter has been found near the well towards back side of the house and asked to come immediately. On reaching, the complainant came to know that, Jayshree had committed suicide by jumping into the well. 4.

Learned counsel for the applicants submits that, the applicants have been falsely implicated in the present crime and there is an inordinate and unexplained delay of 2 days in lodging

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the F.I.R. The co-accused has been released on bail. Therefore, on the ground of parity also, the applicants, considering their age, are entitled for bail and as such, prayed to allow the application. 5.

Per contra, the learned A.P.P. vehemently opposed the application, contending that the offence is serious in nature. The husband of deceased was in Army and the present applicants were residing along with the deceased. The present applicants were continuously subjecting the deceased to ill-treatment for gold ornaments and impersive the deceased to wear Saree. The death has occurred within 7 years of marriage. As such, prayed to reject the application.

6.

Having heard the respective sides and upon perusal of the record indicates that the applicants are in-laws of the deceased. Pertinently, there appears to have occurred some disagreement between the co-accused/ husband and the deceased on account of wearing Saree. However, the said conversation does not prima facie indicate any element of coercion, threat or force to constitute abetment of suicide.

7.

Furthermore, there is no record of prior allegations

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against the present applicants regarding ill-treatment to the deceased. Moreover, the record lacks other cogent material except the vague and general allegations. In absence of the same, possibility of false implication cannot be ruled out. In any case, applicant Leelabai, being lady, is entitled to protection under Section 480 of the Bhartiya Nagarik Suraksha Sanhita. 8.

Nevertheless, the investigation is almost complete for all intents and purposes. Therefore, further incarceration of the applicants is unwarranted. As such, I am inclined exercise discretion in favour of the applicants. Hence the order :

O R D E R

(i) Bail Application is allowed.

(ii) The applicants Malhari s/o Yashwant Timkare and Leelabai w/o Malhari Timkare be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand) each with one solvent surety of the like amount by each of them in the above crime, on the conditions that :

(a) The applicants shall not tamper with the prosecution witnesses.

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

(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/-