Bombay High Court
VAISHNAVI SURAJ SHIVALEversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The Court held that anticipatory bail may be granted to the applicant as she is not a principal offender and has cooperated with the investigation, subject to conditions.
Summary
The Bombay High Court considered an anticipatory bail application filed by Vaishnavi Suraj Shivale under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. She is alleged to be connected to a case in which her husband, Suraj Ramdas Shivale, promised to secure a government job for a payment of Rs.25 lakh, offences punishable under Sections 316(2), 318(4) and 3(5) of the BNSS. The applicant asserted she had no role in the alleged transaction, has a nine‑year‑old child, and cooperated with the police on 20‑21 August 2026. The State opposed the bail but acknowledged her cooperation. The Court, after weighing the facts, granted anticipatory bail subject to strict conditions including a bond, regular police attendance, and a prohibition on tampering with evidence or influencing witnesses. The application was disposed of by granting bail.
Issues considered
- Whether the applicant, as the spouse of the alleged offender, can be arrested under the offences alleged against her husband.
- Whether anticipatory bail can be granted under Section 482 of the BNSS in view of the applicant's lack of direct involvement and cooperation with the investigation.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 316(2), 318(4), 3(5), 482
Subjects
- anticipatory bail
- Section 482
- spouse liability
- criminal procedure
- cooperation with investigation
- conditions of bail
Judgment
910 ABA-2293-2026.DOC
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2293 OF 2026
Vaishnavi Suraj Shivale …Applicant
Vs.
State of Maharashtra …Respondent
Mr. Gaurav Dnyandeo Kakade a/w. Mr. Pradep Naik, for the
Applicant.
Mr. Mayur Sonavane, APP for the Respondent-State.
API Baban Haral, Lonikand Police Station, Pune City.
CORAM: MADHAV J. JAMDAR, J.
DATE : 25th AUGUST, 2026
P. C.:
1. Heard Mr. Kakade, learned counsel appearing for the
Applicant and Mr. Sonavane, learned APP appearing for the State.
2. By this application filed under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (“BNSS”), the Applicant is seeking
pre-arrest bail in connection with C.R. No. 300 of 2026 registered
with Lonikand Police Station, Pune for the offences punishable
under Section 316(2), 318(4) and 3(5) of BNSS.
3. As per the prosecution case, the co-accused, Suraj Ramdas
Shivale, who is the husband of the Applicant, had informed the
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First Informant that upon payment of Rs.25,00,000/-, he would
procure a Government job for him. Mr. Kakade, learned counsel
appearing for the Applicant submitted that the Applicant has a
nine-year-old child. He further submitted that, upon discovering
that her husband was involved in such illegal activities, the
Applicant decided to seek divorce from him. It was further
submitted that the Applicant herself is not involved in the alleged
offence. Learned counsel further submitted that pursuant to the
order dated 17th August 2026 passed by this Court, the Applicant
attended the Police Station on 20 th and 21st August 2026 and
cooperated with the investigation.
4. On the other hand, Mr. Sonavane, learned APP strongly
opposes the Application. However, on instructions, he submitted
that the Applicant has attended the police station on 20 th and 21st
August, 2026 and cooperated with the investigation.
5. Perusal of the record shows that the main allegations are
against the co-accused, who is the husband of the Applicant. The
Applicant is not the beneficiary of the alleged transaction and that
no money has been deposited in her bank account. During the
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course of investigation, it was revealed that an amount of Rs.
6,00,000/- was deposited in the bank account of the co-accused,
i.e., the husband of the present Applicant. The Applicant has a
nine-year-old son.
6. Having regard to the aforesaid circumstances, a case is made
out for grant of anticipatory bail to the Applicant, subject to strict
conditions. In view above, the following order is passed:
ORDER
(a) In the event of arrest of the Applicant-Vaishnavi Suraj
Shivale in connection with C.R. No. 300 of 2026
registered with Lonikand Police Station, Pune, 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 as and when called by
the Investigating Officer.
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(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
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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