Shafiq Ajmuddin Khalifa v. The State Of Maharashtra

1 43 BA 40.26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.40/2026 (Mahesh S/o Mahadev Maharkure Vs. State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A. K. Bhangde, Advocate for applicant.

Mr. A. Mate, APP for non-applicant/State.

CORAM: M. M. NERLIKAR, J .

DATED : 30/01/2026.

Heard.

2.

By the present application, the applicant is seeking bail in connection with Crime No.486/2025 registered with Police Station Bela, Nagpur (Gramin), Dist. Nagpur for the offence punishable under Sections 108, 115(2), 352 of the Bhartiya Nyaya Sanhita, 2023.

3.

The offence was registered by the brother of the deceased. The present applicant is the husband of the deceased and marriage between the deceased and the present applicant was solemnized in the year 2013. They were blessed with two daughters and leading a happy life. However, it appears that on the day of incident the present applicant has refused to give amount to deposit in Bachatgat, therefore annoyed by this refusal, deceased wife has jumped into the well and committed suicide.

2 43 BA 40.26 4.

I have heard the learned counsel for the applicant as well as the learned APP. Upon perusal of the FIR, admittedly it appears that though the other contents of the FIR show that there was harassment at the hands of the present applicant, however not a single complaint has been lodged since 2013 till the death of the deceased. On the day of incident, it appears that the deceased has demanded amount from the applicant in order to deposit in the Bachatgat. However the applicant has refused and annoyed by this act, the deceased wife has jumped into the well and committed suicide. There is no evidence to show the intention of the present applicant to drive the wife to commit the suicide. considering all these factors, I am inclined to grant the bail, hence the following:-

ORDER

(i) Criminal application is allowed and disposed of. (ii) The applicant/accused Mahesh S/o Mahadev Maharkure be released on bail in connection with Crime No.486/2025 registered with Police Station Bela, Nagpur (Gramin), Dist. Nagpur for the offence punishable under Sections 108, 115(2), 352 of the Bhartiya Nyaya Sanhita, 2023 on his furnishing P.R. Bond of Rs. 25,000/- with one surety in the like amount.

3 43 BA 40.26 (iii) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence.

(iv) The accused shall provide his residential address and cell number to concerned Police Station and shall not change his place of residence without prior intimation to the concerned Investigating Officer.

(v) The applicant/accused shall attend each and every date of trial regularly. If he fails to attend the trial for two consecutive dates or fails to comply with the aforesaid conditions, his default would entails the State to ask for cancellation of bail.

( M. M. NERLIKAR , J.) Gohane Signed by: Mr. J. B. Gohane Designation: PS To Honourable Judge Date: 30/01/2026 19:30:14