Sandeepkumar Lavkush Chaudhari v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 447 OF 2026 Sandeepkumar L. Chaudhari ...Applicant V/s.

The State of Maharashtra

...Respondent.

..............

Mr. Sumit D. Sharma (through VC) a/w. Ms Neha Balani for the Applicant.

Mr. S.R. Agarkar, APP for the Respondent/State. PSI Jadhwar G.S, Tulinj Police Station is present. ..............

CORAM

:

N.R. BORKAR, J.

DATE :

24.02.2026.

P.C. :

1.

Mentioned out of turn.

2.

Learned counsel for the applicant seeks leave to place on record the copy of order dated 12th February 2026 passed by the Additional Sessions Judge-1, Vasai below Exhibit-1 in Cri. Bail Application (ABA) No.1825 of 2025. Leave as sought is granted. Necessary amendment shall be carried out forthwith. 3.

This is an application for anticipatory bail. 4.

The applicant is apprehending his arrest in Crime No. 806 of 2025 of registered at Tulinj Police Station for the offences punishable under Sections 108, 85, 115(2), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023.

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5.

The deceased was the wife of the present applicant. It is the case of the prosecution that the applicant used to harass the deceased by suspecting her character. It is alleged that the applicant used to demand money from the deceased to purchase a flat and upon her refusal, he used to ill treat her. It is alleged that due to the said harassment on 17th November 2025 she consumed the poison and died on 21st November 2025 while undergoing treatment.

6.

I have heard the learned counsel appearing for the applicant and the learned APP for the respondent / State. 7.

Learned counsel for the applicant submits that the FIR came to be lodged after 10 days of the alleged incident, which shows that afterthought allegations are made against the applicant. It is submitted that there is no need of custodial interrogation and the applicant is ready and willing to cooperate in the investigation. 8.

On the other hand learned APP for the respondent/State has drawn my attention to the two Dying Declarations recorded on 17th November 2025 and 20th November 2025. I have perused the said Dying Declarations. In the first Dying Declaration dated 17th November 2025, nothing incriminating is attributed to the present applicant. In the second dying declaration dated 20th November 2025, though there are allegations of demand of money, however, prima facie, it appears that there are no allegations of harassment. Considering the overall facts and circumstances of 2/3

the case, I am inclined to release the applicant on anticipatory bail. In the result, the following order is passed.

ORDER

A) The Application is allowed.

B) In the event of arrest of the applicant in C.R. No. 806 of 2025 of registered at Tulinj Police Station for the offences punishable under Sections 108, 85, 115(2), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023, he be released on bail on executing P.R. Bond in the sum of Rs.25,000/- with one surety or two sureties in the like amount.

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