Citation : 2026 Latest Caselaw 1517 Bom
Judgement Date : 10 February, 2026
2026:BHC-AUG:5760
965 BA No.2578.2025
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO. 2578 OF 2025
REKHABAI GOVINDSINGH RAJPUT AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA
***
Advocate for Applicants : Mr. Nilesh S. Ghanekar
APP for Respondents-State : Mr. C. V. Bhadane
***
CORAM : SACHIN S. DESHMUKH, J.
Date : 10th February, 2026
ORDER :
-
1. The applicants have approached this Court seeking
regular bail in connection with FIR dated 08.10.2025 bearing Crime
No. 284 of 2025 registered with Pahur Police Station, Dist. Jalgaon
for the offences punishable under Sections 85, 80, 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
2. The case of the prosecution is that on 08.10.2025,
Sardar Babulal Pardeshi lodged a report at the Pahur Police Station
regarding the death of daughter Bhagyashri. The informant
informed the authorities that Bhagyashri married Rahul
Govindsingh Rajput on 17.05.2020 and that the couple had a three-
year-old son. Bhagyashri frequently reported being subjected to
both mental and physical torture by her husband Rahul, her
mother-in-law Rekhabai, her father-in-law, Govindsingh and her
brother-in-law Sunil. These acts of cruelty were purportedly driven
by a demand for Rs. 20,00,000/- to purchase a dumper truck. In an
effort to satisfy these demands, informant claimed he had
previously provided Rs. 5,00,000/- in cash to Bhagyashri's in-laws
after pledging his gold ornaments. The situation escalated on
08.10.2025 when his wife received a phone call from Ishwarsingh
Pardeshi who informed them that Bhagyashri's in-laws had
murdered her by hanging.
3. Upon arriving at the scene, informant and his family
discovered Bhagyashri's body, which reportedly carry visible signs
of physical assault. Based on this information, the police registered
an offence against the in-laws of the deceased.
4. The learned counsel for the applicants submits the
applicants Rekhabai, Govindsingh and Sunil have been falsely
implicated in the present crime based on vague and
unsubstantiated allegations. The learned counsel further submits
that the applicants never subjected the deceased to any form of
cruelty or harassment, nor did ever demand the sum of Rs.
20,00,000/-. The prosecution's narrative regarding the prior
payment of Rs. 5,00,000 is entirely concocted,z in any case, the
same is confined as against accused - husband, lacking any
documentary evidence or proof of the transaction to support such a
claim. The investigation is complete and the charge-sheet is also
filed. Nothing remains to be recovered at the instance of present
applicants. Hence, prayed to allow the application.
5. The learned APP opposed the application, submitting
that the offence is serious in nature and that there is sufficient
material on record to establish the applicants' complicity. The
prosecution prima facie establishes that the deceased Bhagyashri,
was subjected to persistent physical and mental torture within just
five years of her marriage. The learned APP further submits that the
presence of visible signs of beating on the dead body, as noted by
the complainant at the scene, strongly indictes that the deceased
was subjected to brutal physical violence prior to her death.
Furthermore, the APP argued that if the applicants are released on
bail, there is every possibility of the prosecution evidence being
tampered with. Accordingly, it was prayed that the application be
rejected.
6. Upon considering the submissions of both sides and
perusing the material on record, including the charge-sheet, while
the allegations involve the serious offence of a woman's death,
factors warrant the grant of bail to the present applicants.
Admittedly, the marriage took place on 17.05.2020 and the
unfortunate incident occurred on 08.10.2025. While the
complainant has alleged persistent demands for Rs. 20,00,000 and
the prior payment of Rs. 5,00,000, these claims presently rest
solely on oral statements without corroborating documentary
evidence and prima facie, pertinently the same is confined as
against the accused / husband only.
7. Admittedly, the applicants Rekhabai, Govindsingh and
Sunil are the mother-in-law, father-in-law, and brother-in-law of the
deceased respectively. The allegations leveled against them are
largely general and omnibus in nature, lacking specific instances or
individual overt acts attributed to each applicant. There appears to
be a growing tendency to implicate the entire family of the husband
in matrimonial disputes, and at this stage, it remains a matter of
trial whether these specific relatives played a direct role in the
alleged harassment.
8. Nevertheless, the investigation is complete for all intent
and purpose and the charge-sheet is filed. Having regard to the
number of witnesses which the prosecution proposes to examine, it
is very unlikely that the trial can be commenced and concluded
within a reasonable period. The arrest of the applicants has been
effected on 09.10.2025 and since then, they were behind the bars.
9. As such, further detention of the applicants as an under
trial prisoner, in the circumstances of the case, does not seem to be
either warranted or justifiable. I am, therefore, persuaded to
exercise the discretion in favour of the applicants. The learned
APP's apprehension about tampering with the prosecution
evidence, can be adequately taken care of by imposing stringent
conditions.
10. Hence, the following order:
ORDER
(I) Application is allowed.
(II) Applicants - Rekhabai Govindsingh Rajput,
Govindsingh Chagansing Rajput and Sunil
Govindsingh Rajput be released on regular bail on furnishing P.R. bond of Rs. 50,000/- (Fifty Thousand Only) each with one or two local solvent sureties in the like amount, in Crime No. 284 of 2025 registered with Pahur Police Station, Dist. Jalgaon for the offences punishable under Sections 85, 80, 3(5) of the Bharatiya Nyaya Sanhita, 2023, on the following conditions :-
(a) The applicants shall attend each and every date of the Trial Court unless exempted by the Trial Court.
(b) The applicants shall not pressurize the prosecution witnesses and shall not tamper with the prosecution evidence, in any manner.
(c) The applicants shall submit his Aadhar and Pan Card to the Investigation Officer and detailed addresses and phone numbers of applicant and two of the near relatives.
(d) Breach of any of the conditions by the applicants would entail the cancellation of the bail.
(III) Needless to states that the observations rendered herein are to the extent of this application and the trial court shall not be influenced by the same.
(SACHIN S. DESHMUKH, J.)
Omkar Joshi
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