Vaibhav Mohandas Aher and Anr. vs State of Maharashtra — Dowry and Cruelty | Bombay HC (2026)

Vaibhav Mohandas Aher and Anr. vs State of Maharashtra — Dowry and Cruelty | Bombay HC (2026)

What the court decided

AI extract

Outcome

Bail Application allowed in respect of Applicant Nos. 2 and 3 (Keshav Mohandas Aher and Rupali w/o. Keshav Aher): release on bail in Crime No. 327 of 2025 on PR bond of Rs. 25,000/- each with one or two solvent sureties each in the like amount, subject to conditions of not tampering with evidence or influencing prosecution witnesses and attending the concerned Police Station as and when required; Trial Court to decide uninfluenced by these observations.

Issue for consideration

Whether Applicant Nos. 2 and 3 (Keshav Mohandas Aher and Rupali w/o. Keshav Aher) should be released on regular bail in Crime No. 327 of 2025 registered with Chandwad Police Station, Nashik (Rural), for offences under Sections 103(1), 85, 238, 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. +1 more

Court's answer

Applicant No. 2 Keshav s/o. Mohandas Aher and Applicant No. 3 Rupali w/o. Keshav Aher ordered to be released on bail in Crime No. 327 of 2025 on furnishing a PR bond of Rs. 25,000/- each with one or two solvent sureties each in the like amount.

Ratio / Principle

Grant of bail rested on the Court's findings that evidence would be required to prove the Applicants' role in the crime, that the Applicants had already been detained for more than six months, and that the trial would take further time to conclude.

Key takeaways

Release conditioned on the Applicants not tampering with the evidence and/or influencing the prosecution witnesses.ratio¶29
Applicants directed to attend the concerned Police Station as and when required as a condition of release.ratio¶35
The Trial Court is to decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this bail order.ratio

Detailed headnote1 paragraphs

Bail — Bharatiya Nyaya Sanhita, 2023, Ss. 103(1), 85, 238, 351(2), 352 and 3(5) — Regular bail granted to Applicant Nos. 2 and 3, Keshav s/o. Mohandas Aher (brother-in-law of the deceased) and Rupali w/o. Keshav Aher (his wife), in Crime No. 327 of 2025 of Chandwad Police Station, Nashik (Rural), wherein the Applicants along with co-accused are alleged to have ill-treated and murdered the deceased — Court held that evidence would be required to prove the Applicants' role, noted detention of more than six months and that the trial would take time — Bail allowed on PR bond of Rs. 25,000/- each with one or two solvent sureties each in the like amount — Conditions: Applicants shall not tamper with evidence or influence prosecution witnesses and shall attend the concerned Police Station as and when required — Trial Court to decide on merits uninfluenced by these observations (Shivkumar Dige, J., Bombay High Court, Criminal Appellate Jurisdiction, 27 February 2026).

10-BA-4921-2025 (CR)-2.doc

Tikam

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. 4921 OF 2025

VAISHALI ANIL TIKAM

Digitally signed by VAISHALI ANIL TIKAM Date: 2026.03.17 16:54:00 +0530

KESHAV MOHANDAS AHER RUPALI W/O.KESHAV AHER ...APPLICANTS VERSUS

STATE OF MAHARASHTRA & Anr. ...RESPONDENTS

_________________________________________________________________ Mr. Rutuparn Umesh Deo, Advocate for Applicant Nos. 2 and 3 in BA/4921/2025

Mr. B.B. Kulkarni, APP for Respondent-State.

_________________________________________________________________ CORAM : SHIVKUMAR DIGE, J. DATE : 27^th FEBRUARY, 2026.

P.C. :

Heard learned counsel for the Applicants and learned APP for

the State.

By this Application, Applicant Nos. 2 and 3 are seeking regular bail in Crime No.327 of 2025 registered with Chandwad Police Station, Nashik (Rural) for the offences punishable under Sections 103(1), 85, 238, 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

It is prosecution's case that Applicant No.2 is brother in law of deceased and Applicant No.3 is wife of Applicant No.2. It is alleged that Applicants and the co-accused ill-treated the deceased and murdered her.

It is contention of learned counsel for the Applicants that Applicants were not staying with the deceased and other co-accused.

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10-BA-4921-2025 (CR)-2.doc

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There are no specific allegations against Applicants of ill-treating to the deceased. Applicants are behind bars more than six months. It may take time to conclude the trial and requested to allow the Application.

It is contention of learned APP that there are specific allegations against the Applicants that they ill-treated the deceased. If Applicants are released on bail, they may abscond or threaten the prosecution witnesses and requested to reject the Application.

I have heard both learned counsel. Perused charge-sheet and documents produced on record.

It is alleged that Applicants were not staying with the deceased

and her family members. To prove the role of the Applicants in crime, evidence is required. Applicants are behind bars more than six months and it may take time to conclude the trial.

Considering these facts, I pass following order.

ORDER

(i) The Applicant No. 2-Keshav S/o. Mohandas Aher and Applicant No.3 - Rupali w/o. Keshav Aher, be released on bail in Crime No.327 of 2025 registered with Chandwad Police Station, Nashik (Rural), on furnishing PR bond of Rs.25,000/- each with one or two solvent sureties each in the like amount.

(ii) The Applicants shall not tamper with the evidence and/or

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10-BA-4921-2025 (CR)-2.doc

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influence the prosecution witnesses.

(iii) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order.

(iv) The Applicants shall attend the concerned Police Station as and when required.

(v) Bail Application is allowed in respect of Applicant Nos. 2 and 3 in the aforesaid terms.

(SHIVKUMAR DIGE, J.)

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