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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 108, 115(2), 3(5), 351(2), 351(3), 352, 482, 85
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.]
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