Bombay High Court

THE STATE OF MAHARASHTRAversusPRIYA GOPI NAIK AND ANR

Decided: 24 August 2026
Disposal: Disposed Off

Holding

Leave to appeal is granted and the appeal is admitted.

Summary

The State of Maharashtra filed a criminal application seeking leave to appeal an acquittal order dated 7 November 2025 passed by the Sessions Judge, Thane, in Sessions Case No.416 of 2019 against respondents Priya Gopi Naik and another. The High Court examined the impugned judgment and the deposition annexed to the application and found that substantial questions of law and fact were raised. Consequently, the Court granted leave to prefer an appeal, admitted the appeal, and directed that call records and related paperbooks be produced. Additionally, the Court directed the trial court to grant bail to both respondents under section 431 of the BNSS to ensure their availability during the pendency of the appeal. The order thus sets the procedural course for the appeal against the acquittal.

Issues considered

Whether leave to appeal can be granted against an order of acquittal by the Sessions Court
Whether bail may be granted to the respondents under section 431 of the BNSS pending the appeal

Legislation cited

BNSS — s. 431

Subjects

acquittal
leave to appeal
criminal procedure
bail
section 431
High Court

Judgment

                                                           1/2                        07-ALS-43-26.odt

                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CRIMINAL APPELLATE JURISDICTION

                                           CRIMINAL APPLICATION NO.43 OF 2026
                                                (For Leave to File an Appeal)

                            The State of Maharashtra                         .... Applicant/
                                                                             (Orig. Complainant)

                                      versus

                            Priya Gopi Naik & Anr.                           .... Respondents
                                                             …....

                            •     Ms. M. M. Deshmukh, APP for the State/Applicant.
                            •     Mr. Kamble Sayabanna, Advocate for Respondent Nos.1 and 2.

                                                CORAM     : SARANG V. KOTWAL &
                                                            RANJITSINHA RAJA BHONSALE, JJ.
                                                DATE      : 24th AUGUST, 2026

                            P.C. :


                            1.            Heard learned APP and learned counsel for the

                                 Respondents.



                            2.            Perused the impugned Judgment and Order as well as

                                 copy of the deposition annexed to the application.

MANUSHREE
NESARIKAR                   3.            Arguable questions are raised. The matter requires
Digitally signed by
MANUSHREE
NESARIKAR
Date: 2026.08.25
                                 consideration.
15:04:19 +0530




                Nesarikar
                           2/2                       07-ALS-43-26.odt

4.       Hence, the following order :



                           ORDER


         (i)    Leave is granted to prefer an Appeal against the
                Judgment    and   Order    of   acquittal     dated
                07/11/2025 passed by the Sessions Judge,
                Thane, in Sessions Case No.416 of 2019.


         (ii)   The Appeal is admitted.


         (iii) Call record and proceedings with paperbooks.


         (iv)   The Trial Court shall take action u/s 431 of
                BNSS by granting bail to both the Respondents
                to its satisfaction to ensure their availability
                during the pendency of the Appeal.




(RANJITSINHA RAJA BHONSALE, J.)         (SARANG V. KOTWAL, J.)

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