AFSANA MEHABUM DESAI AND ANR.versusTHE STATE OF MAHARASHTRA AND ANR.

                                                           501 ABA NO. 108 OF 2026



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIRCUIT BENCH AT KOLHAPUR
                   CRIMINAL APPELLATE JURISDICTION

            ANTICIPATORY BAIL APPLICATION NO. 108 OF 2026

                           1) Afsana Mehabub Desai
                          2) Sangita Parshuram Pujari
                                     Versus
                     The State of Maharashtra and Another
                                       …
       •   Ms. Aruna Pai, Advocate for the Applicants
       •   Mr. N. B. Pawar, APP for Respondents – State
                                       …
                                     CORAM : MEHROZ K. PATHAN, J.

                                   DATED : 25.06.2026

PER COURT :

1.         Not on board. Upon mentioning, taken on production board.

2.         Heard learned counsel for the applicant and the learned APP

for the respondents-State.

3.         The applicants have approached this Court apprehending

arrest in connection with C.R. No.18 of 2026 dated 13.01.2026

registered with Karad Taluka Police Station, District Satara, for the

offences punishable under Sections 64(1), 88, 238, 352, 351(2) and

115(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.

4.         Learned counsel for the applicants submits that the applicants

have been falsely implicated in the present crime. It is submitted that

the allegations against them have been exaggerated only with a view

to invoke stringent penal provisions and thereby oppose their claim

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for bail. The applicants are employees of Kranti Hospital run by

Dr. Uday Thigle. Applicant No.1 was working as an Aaya and

Applicant No.2 as a Staff Nurse. According to the learned counsel,

neither of them had any role in the commission of the alleged offence

and no specific overt act has been attributed to them. It is further

submitted that the principal accused, Hindurao, has already been

arrested and is in judicial custody, whereas his son has been granted

interim protection by this Court in Anticipatory Bail Application

No.297 of 2026 by order dated 09.06.2026.

5.     Learned counsel further submits that the applicants were

granted interim protection by the learned Additional Sessions Judge,

Karad on 03.02.2026, which continued till disposal of their

anticipatory bail application on 17.02.2026. Immediately thereafter,

the applicants approached this Court and, by order dated 24.02.2026,

this Court continued the interim protection, which is still in

operation. It is submitted that the applicants have no criminal

antecedents, have fully cooperated with the investigation and are

ready to abide by any condition that may be imposed by this Court.

Hence, it is prayed that the interim protection be confirmed.

6.     Per contra, the learned APP strongly opposes the application. It

is submitted that the applicants are involved in serious offences

punishable with imprisonment for life. According to the prosecution,

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the statements of the victim and other witnesses disclose the active

involvement of the applicants in forcibly terminating the pregnancy

of the victim. It is further submitted that the applicants acted in

connivance with the principal accused Hindurao and his family

members and, therefore, their custodial interrogation is necessary.

7.     I have considered the rival submissions and perused the FIR as

well as the charge-sheet. The applicants have remained protected

pursuant to the interim order passed by this Court on 24.02.2026.

During the subsistence of the said protection, the investigation has

been completed and the charge-sheet has been filed on 10.03.2026.

There is nothing on record to indicate that the applicants have

misused the interim protection or have failed to cooperate with the

investigation.

8.     The material placed on record indicates that the applicants

were working as hospital employees. The principal accused has

already been arrested, while another co-accused has been granted

protection by this Court. Considering the nature of the allegations,

the role attributed to the present applicants, the fact that the

investigation has culminated in the filing of the charge-sheet, the

continued cooperation of the applicants during the investigation and

the absence of any criminal antecedents, I am of the opinion that

their custodial interrogation is no longer necessary. The apprehension

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expressed by the prosecution can be adequately addressed by

imposing appropriate conditions.

9.      Hence, the following order is passed :-

                                  ORDER
       i.   The Anticipatory Bail Application is allowed.
       ii. In the event of arrest of Applicants (1) Afsana Mehabub
            Desai and (2) Sangita Parshuram Pujari in connection with
            C.R. No.18 of 2026 dated 13.01.2026 registered with Karad
            Taluka Police Station, District Satara, for the offences
            punishable under Sections 64(1), 88, 238, 352, 351(2) and
            115(2) read with Section 3(5) of the Bharatiya Nyaya
            Sanhita, 2023, they shall be released on bail on each
            furnishing a P.R. Bond in the sum of Rs.50,000/- (Rupees
            Fifty Thousand only) each with one or two solvent sureties
            in the like amount, on the following conditions :-


            A)   The applicants shall report to the Investigating Officer
                 at the concerned Police Station on every Saturday
                 between 12.00 noon and 2.00 p.m. till the filing of the
                 supplementary charge-sheet, if any, and thereafter as
                 and when called by the Investigating Officer.

            B)   The   applicants   shall   also   cooperate      with       the
                 investigation.

            C)   The applicants shall not pressurize the prosecution
                 witnesses and shall not tamper with the prosecution
                 evidence, in any manner.




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          D)   The applicants shall furnish copies of their Aadhaar
               Cards and PAN Cards, along with their residential
               addresses, mobile numbers and particulars of two
               close relatives, to the Investigating Officer and shall
               keep the same updated during the pendency of the
               proceedings.


10.    Needless to say, violation of any of the aforesaid conditions

may entitle the prosecution to seek cancellation of the anticipatory

bail granted hereinabove.

11.    The observations made herein are prima facie in nature and

confined to the adjudication of the present anticipatory bail

application. The Trial Court shall decide the case independently on its

own merits, uninfluenced by any observations made in this order.

12.    In view of the above, the Anticipatory Bail Application stands

disposed of.



                                      ( MEHROZ K. PATHAN, J. )




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