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Bombay High Court
Swati W/O Dnyaneshwar Budhwat vs The State Of Maharashtra, Thr. The Pso, ... on 22 May, 2026
(1) 8. ABA408.26
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (ABA) NO. 408 OF 2026
SWATI W/O DNYANESHWAR BUDHWAT
VS
THE STATE OF MAHARASHTRA, THR. THE PSO, BIBI PS, DIST. BULDHANA AND
ANR.
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. R.B. Gite, counsel for the applicant.
Ms. Prachi Joshi, APP for the non-applicant/State.
CORAM : NANDESH S. DESHPANDE, J.
DATED : 22.05.2026
1. Heard.
2. The applicant has filed the present bail
application apprehending arrest in connection with Crime
No. 0090/2026, dated 17.04.2026, registered with the non-
applicant police station for commission of offences
punishable under Sections 107 and 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution story, the informant,
Santosh S/o Shamrao Kakad, who is the father of the
deceased Tanuja, lodged a complaint with Police Station
Bibi, stating therein that his daughter, aged 16 years, was
studying in the 10th standard and had committed suicide by
hanging herself on 14.04.2026. He further stated that the
deceased used to visit the house of the applicant for the
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(2) 8. ABA408.26
purpose of receiving tuition in Mathematics. Thus, the
family of the deceased as well as the family of the applicant
and her husband were known to each other.
4. It is further stated that a suicide note was found
on the person of the applicant, alleging a specific role of the
applicant as well as her husband. It is on these allegations
that the First Information Report has been registered. The
applicant approached the Sessions Court by filing an
application for anticipatory bail, however, the same was
rejected, which has prompted the applicant to approach this
Court.
5. I have heard Mr. R. B. Gite, learned counsel for
the applicant, as well as Ms. Prachi Joshi, learned APP for
the non-applicant/State.
6. The applicant states that, apart from the fact that
there is delay in lodging the First Information Report, no
specific role has been attributed to the applicant. He further
submits that custodial interrogation is not necessary and
makes a statement that, so far as the seizure of the mobile
phone is concerned, she is ready to deposit the same with
the non-applicant.
7. The learned APP, however, vehemently opposes
the contentions canvassed by the learned counsel for the
applicant. She submits that the offence is of a serious
nature, and a young girl aged about 16 years has lost her
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life. She, therefore, submits that, apart from the fact that
the applicant is absconding, custodial interrogation is
required.
8. I have considered the contentions canvassed by
the learned counsel for the parties. No specific role has been
attributed to the applicant, and merely because the mobile
phone is sought to be seized cannot be a ground to keep the
applicant behind bars. As regards the submission that the
applicant is absconding, it is stated by the learned counsel
for the applicant that the applicant immediately approached
the Sessions Court for grant of anticipatory bail on
23.04.2026, whereas the offence in question was registered
on 17.04.2026. He therefore prays for bail apprehending
arrest. Having considered the contentions, I am of the
opinion that no fruitful purpose would be served by keeping
the applicant behind bars. In that view of the matter, the
following order is passed :-
ORDER
i) The application is allowed and disposed of as
such.
ii) In the event of arrest in connection with Crime
No. 0090/2026, dated 17.04.2026, registered with the non-
applicant police station for commission of offences
punishable under Sections 107 and 3(5) of the Bharatiya
Nyaya Sanhita, 2023, the applicant, Swati W/o
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(4) 8. ABA408.26
Dnyaneshwar Budhwat, be released on bail on furnishing a
P.R. bond of Rs. 50,000/- (Rupees Fifty Thousand only) and
one solvent surety of like amount, to be furnished before the
trial Court.
iii) The applicant shall not tamper with the
prosecution evidence nor influence the witnesses in any
manner. The applicant shall forthwith surrender/deposit her
mobile phone with the non-applicant.
iv) The applicant shall attend the concerned Bibi
Police Station, District Buldhana, as and when called by the
Investigating Officer, and shall cooperate with the
investigation.
v) The applicant shall not leave India without prior
permission of the Court.
(NANDESH S. DESHPANDE, J.)
Shubham
