MOHIT BHANU PRAKASH GUPTA AND ORSversusSTATE OF MAHARASHTRA AND ANR

                                                    1-ABA-1547-2026.ODT




         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               CRIMINAL APPELLATE JURISDICTION
        ANTICIPATORY BAIL APPLICATION NO. 1547 OF 2026
Mohit Bhanu Prakash Gupta And Ors                     …Applicants
      Versus
The State of Maharashtra And Anr.                     …Respondents


Adv. Ashok Kumar Dubey i/b SAVJ Law Solutions, for the
      Applicants.
Mr. Prasanna P. Malshe, A.P. P., for the Respondent – State.
API Dilip A. Rahate, Manpada Police Station, Thane, is present.


                      CORAM :           PRAFULLA S. KHUBALKAR, J.
                      DATE          :   24TH AUGUST 2026
P.C:-



1.      Heard learned counsel for applicants.


2.      By this application, the applicants have sought for transit

anticipatory bail in Crime No. 153 of 2026 registered with

Kotwali Nagar Police Station, Dist. Sultanpura, State of Uttar

Pradesh, for the offence punishable under Section 3 and 4 of

Dowry Prohibition Act, 1961 and Sections 351(3), 352, 115(2)

and 85 of the Bharatiya Nyaya Sanhita, 2023.


3.      Since the offence is registered with Kotwali Nagar Police

Station, Dist. Sultanpura, State of Uttar Pradesh by order dated



                               Page 1 of 4
                               th
                             24 August 2026
                                               1-ABA-1547-2026.ODT




19th February 2026, a notice was issued to be served upon the

Senior Police Inspector of Kotwali Nagar Police Station, Dist.

Sultanpura, State of Uttar Pradesh. The applicants submit that

they have taken all the steps for effecting service by regular

mode and have also filed an affidavit of service stating therein

that an intimation by e-mail was sent for effecting service upon

respondent no.3 however, nobody appears on behalf of

respondent no.3.


4.    Learned APP who appears on behalf of Manpada Police

Station is not in a position to make any submissions on merits

on behalf of Kotwali Nagar Police Station, Dist. Sultanpura,

State of Uttar Pradesh.


5.    Learned counsel for applicants pointed out that the

applicants nos. 1 to 3 have apprehension of arrest in view of a

matrimonial dispute in between applicant no.1 and his wife. The

apprehension of arrest is based on the report lodged by the wife

of applicant no.1 at Sulanpura, State of Uttar Pradesh on the

basis of which FIR is registered and therefore, this transit

anticipatory bail is sought for.




                              Page 2 of 4
                              th
                            24 August 2026
                                                   1-ABA-1547-2026.ODT




6.    It has to be noted that the applicants are claiming to the

residents of Dombivali (East), District Thane and in view of

apprehension of arrest, they have filed an instant application.

The reliance is placed by the counsel for applicants on the

judgments of the Hon’ble Supreme Court in the matter of Priya

Indoria Vs. State of Karnataka, reported at 2024(4) SCC 749

for pointing out the position of law with respect to the transit

anticipatory bail and has prayed for interim protection in view

of the matrimonial dispute between the parties and likelihood of

arrest of these applicants. Learned counsel for applicant also

states that there are no criminal antecedents against any of the

applicants.


7.    It is also crucial to note that the applicants have filed

instant   application   directly   before   this    Court    without

approaching to the Sessions Court which has got concurrent

jurisdiction. Reference need to be made to observations of

Hon’ble Supreme Court in the matter of Mohammad Rasal. C &

Anr. Vs. State of Kerala & Anr. in SLP (Cri) No. 6588 of 2025

dated 8th September 2025, in which the Hon’ble Supreme Court

has observed that the hierarchy of the Court demands that the

person seeking pre-arrest bail should not be allowed or



                             Page 3 of 4
                             th
                          24 August 2026
                                                    1-ABA-1547-2026.ODT




encouraged to bypass the jurisdiction of the concerned Sessions

Court.


8.          In view of the above, without recording any observation

on merits of the matter, the applicants are permitted to

approach to the concerned Sessions Court for the purpose of

seeking protection under Section 482 of the Bharatiya Nagarik

Suraksha Sanhita, 2023. However, considering the fact that

there are no criminal antecedents against these applicants, only

for enabling them to file appropriate application, the applicants

are granted ten (10) days protection from arrest .


9.          In view of these directions the application is disposed of

with liberty to the applicants to approach to the concerned

Sessions Court for seeking appropriate order.


10.         Accordingly, instant Anticipatory Bail Application is

disposed of.




                                       (PRAFULLA S. KHUBALKAR, J.)

VDMokal/-




                                 Page 4 of 4
                                 th
                               24 August 2026