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Bombay High Court

SAVITA AJIT BACCHAVversusTHE STATE OF MAHARASHTR A

Decided
Disposal
Disposed Off

Holding

Anticipatory bail is granted to the applicant with stringent conditions despite her alleged participation in the offence.

Summary

Savita Ajit Bacchav, a mother of a four‑month‑old child, was named among five accused in a dowry‑harassment case that culminated in the death of a woman and her minor daughters. She applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, claiming she was not involved and that the other accused were already in custody. The prosecution argued that material on record showed her involvement. The Court, after noting her involvement but also her parental responsibilities, granted anticipatory bail subject to strict conditions, including a personal bond, regular police reporting, and non‑interference with witnesses. The order directed her release on bail if arrested and imposed compliance requirements.

Issues considered

  • Whether anticipatory bail can be granted to an accused who is alleged to have participated in a dowry‑harassment murder case.
  • Whether the presence of a minor child of the accused warrants the grant of bail despite alleged involvement.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • Section 482
  • bail conditions
  • minor child
  • criminal procedure

Judgment

                                                    26 ABA-2238-2026.DOC
skt



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
         ANTICIPATORY BAIL APPLICATION NO. 2238 OF 2026
Savita Ajit Bacchav                                    …Applicant
            Vs.
State of Maharashtra                                   …Respondents
& Anr.


Mr. Tuushar N. Sonawane a/w. Ms. Pooja D. Satpute, for the
Applicant.
Mr. S.V. Walve, APP for the Respondent No.1-State.


                       CORAM:      MADHAV J. JAMDAR, J.
                       DATE :      24th AUGUST, 2026
P. C.:

1.       Heard Mr.Sonawane, learned counsel appearing for the

Applicant and Mr.Walve, learned APP appearing for the State.



2.       By this application filed under Section 482 of the Bharatiya

Nagarik Suraksha Sanhita, 2023, the Applicant is seeking pre-

arrest bail in connection with C.R. No. 195 of 2026 registered with

Deola Police Station, Dist. Nashik for the offences punishable

under Sections 108, 115(2), 3(5), 351(2), 351(3), 352 and 85 of

the Bharatiya Nagarik Suraksha Sanhita, 2023.




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3.    The prosecution case is set out in paragraph No. 2 of the

order dated 31st July, 2026 passed by the learned Additional

Sessions Judge-4, Nashik in Criminal Bail Application No. 1458 of

2026 below Exhibit 1. The said paragraph No. 2 reads as under :-

      “2.   According to the prosecution, informant's sister

      got married with Jayesh Wagh on 23.05.2019. The

      couple blessed with two daughters out of said wedlock.

      Till the birth of first daughter, the family of victim's

      husband well treated her. Thereafter, they started

      causing her mental and physical harassment for not

      fulfilling demand of dowry and for purchasing four

      wheeler. It is alleged that, in the year 2022 the

      informant has borrowed Rs.3,00,000/- from his relative

      and provided to the victim's husband to purchase four

      wheeler vehicle. After the birth of second daughter, the

      matrimonial family of victim were not ready to

      maintain her. In the month of April 2026 victim's

      husband and his family members made demand of

      Rs.3,50,000/- for construction of house. On 10.04.2026

      the victim informed this demand to the informant and

      refused to maintain the victim if his demand is not


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      fulfilled. He threatened the informant that he would not

      take the victim for cohabitation. On 21.07.2026 victim

      informed to her parents that, the accused have harassed

      and caused ill treatment to her and daughters. On

      22.07.2026 the informant came to know that, being fed

      up by the constant harassment by the husband and his

      family members, the victim jumped in the well along

      with her minor daughters. In this fateful incident the

      victim and her minor daughters died.”


4.    It is the submission of Mr. Sonawane, learned counsel

appearing for the Applicant is that the Applicant is a lady having

child of four months. He submits that the Applicant is not involved

in the crime. He submits that other accused are behind bars.



5.    Mr. Walve, learned APP strongly opposes the application. He

states that the material on record shows that the Applicant is

involved in the crime.



6.    Perusal of the reocrd shows that the Applicant is involved in

the crime. There are total five accused and except the Applicant,

rest of the accused have been arrested. Although the material on



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record shows the involvement of the Applicant in the crime but as

the Applicant has son of four months, a case is made out for grant

of anticipatory bail by imposing strict conditions. In view thereof,

the following order is passed:


                             ORDER

      (a)   In the event of arrest of the Applicant-Savita Ajit

            Bacchav in connection with               C.R. No. 195 of 2026

            registered with Deola Police Station, Dist. Nashik, the

            Applicant is directed to be released on bail on

            furnishing P.R. Bond in the sum of Rs.20,000/- with

            one or two solvent sureties each in the like amount.

      (b)   The Applicant shall attend the concerned Police

            Station on 1st and 2nd September, 2026 between 11:00

            a.m. to 02:00 p.m. and shall cooperate with the

            investigation. In addition, the Applicant shall attend

            the concerned Police Station on 1st Monday of each

            week, till filing of the charge-sheet.

      (c)   The Applicant shall furnish her cell phone number and

            residential address to the Investigating Officer and

            shall keep the same updated, in case of any change




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            thereto.

      (d)   The Applicant shall not directly or indirectly make any

            inducement, threat, or promise to any person

            acquainted with the facts of the case so as to dissuade

            such a person from disclosing the facts to the Court or

            to any Police personnel.

      (e)   The Applicant shall not tamper with the prosecution

            evidence and shall not contact or influence the

            Complainant or any witness in any manner.


7.    The Anticipatory Bail Application is disposed of accordingly.



                                           [MADHAV J. JAMDAR, J.]




                                 Page 5 of 5
                              24th August, 2026


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