Bombay High Court

MANDAR SURESH MALIversusSTATE OF MAHARASHTRA

Decided: 1 October 2026
Disposal: Allowed

Holding

The court held that anticipatory bail must be granted as the allegations against the applicant were not substantiated.

Summary

The Bombay High Court considered an anticipatory bail application filed by Mandar Suresh Mali, accused No.4 in a case alleging illegal prenatal sex determination and medical termination of pregnancy under the PC‑PNDT Act, the Bharatiya Nyaya Sanhita and the Medical Termination of Pregnancy Act. The prosecution’s FIR described a video showing sex determination in Daund Taluka, while the applicant’s hospital is located about 100 km away in Bhor Taluka. The applicant argued he had no involvement, whereas the State relied on a witness statement linking other doctors to the crime and alleging the applicant permitted the use of his hospital. The court examined the material and found no specific allegation or evidence directly implicating the applicant, noting the distance and lack of detail in the witness statement. Accordingly, the court held that the case was made out for grant of anticipatory bail and ordered bail with standard conditions. The application was disposed with anticipatory bail granted.

Issues considered

Whether the allegations against the applicant are sufficient to deny anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Whether the applicant’s alleged connection to the alleged sex‑determination offence warrants his arrest.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
Bharatiya Nyaya Sanhita, 2023 — s. 319(2), 88, 91, S3(5)
Medical Termination of Pregnancy Act, 1971 — s. 3, 4, 5
Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 — s. 23, 25

Subjects

anticipatory bail
PC‑PNDT Act
medical termination of pregnancy
sex determination
Section 482
bail conditions
jurisdiction

Judgment

920-ABA-2458-2026.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.2458 OF 2026

Mandar Suresh Mali …Applicant
Versus
The State of Maharashtra …Respondent

Mr. Dhairyasheel Sutar (through Video Conferencing) a/w. Mr.
Paras Yadav i/b. Mr. Vivek B. Rane, for the Applicant.
Mr. S. V. Walve, APP, for the Respondent-State.

CORAM: MADHAV J. JAMDAR, J.
DATED : 1st OCTOBER 2026
PC:-

1. Heard Mr. Sutar, learned Counsel appearing for the

Applicant and Mr. Walve, learned APP appearing for the

Respondent-State.

2. This application is filed under Section 482 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 (“BNSS”) by the Applicant i.e.

accused No.4, seeking pre-arrest bail in connection with C.R.

No.466 of 2026 registered with Yavat Police Station, Pune, for the

offences punishable under Sections 23 and 25 of Pre-Conception

and Pre-Natal Diagnostic Techniques Act, 1994, Sections 88, 91,

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920-ABA-2458-2026.DOC

319(2), S3(5) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”) and

Sections 3, 4 and 5 of the Medical Termination of Pregnancy Act,

1971.

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

order dated 27th July 2026, passed by the learned Additional

Sessions Judge, Baramati, District- Pune, in Criminal Bail

Application No.485 of 2026, which reads as under:

“3] It is the case of prosecution that on
dt.14.05.2026 informant received a video on
whatsApp number regarding illegal prenatal sex
determination. Said video was having name of
journalist Mr. Manoj Khandale and his contact
number. Therefore, informant contacted Mr.
Manoj Khandale and asked for providing original
copy of the said video to take the action. Later
on, informant came to know that the person who
was conducting the prenatal sex determination in
the said video is Mr. Annasaheb Giri. Hence,
informant lodged report about the said incident
to Yavat Police Station.”

4. It is the contention of learned Counsel appearing for the

Applicant that the Applicant is not involved in the crime. He

submits that the allegations are concerning sex determination and

medical termination of pregnancy in Daund Taluka and the

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920-ABA-2458-2026.DOC

Applicant’s hospital is situated in Bhor Taluka and there is distance

of about 100 kms between these two Talukas.

5. On the other hand, learned APP strongly opposes the

Anticipatory Bail Application. He submits that the accused Nos.1

and 2 who are the Doctors are actually involved in the sex

determination and medical termination of pregnancy on the basis

of sex determination and the allegation against the Applicant is

that he has allowed user of his hospital for the said offence. To

substantiate the said contention, he has relied on a statement

dated 15th June 2026 of one Chetan Dilip Baravake.

6. Perusal of the record shows that the allegation is concerning

sex determination and medical termination of pregnancy on the

basis of same. Thus, the allegations are very serious. However,

perusal of the FIR shows that the same are concerning Daund

Taluka of District Pune. The hospital of the Applicant is situated at

Bhor Taluka, which is about 100 kilometers away from the Taluka

Daund. In fact, perusal of the said statement dated 15 th June 2026

of Chetan Dilip Baravake, on which the learned APP has heavily

relied are against accused No.1 and no details are given as far as

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920-ABA-2458-2026.DOC

the allegations against the Applicant is concerned. In fact, perusal

of the said statement dated 15th June 2026 shows that said Chetan

Dilip Baravake has carried out sex determination when his wife

was pregnant and said sex determination was carried out by the

accused No.1.

7. Accordingly, the case is made out for grant of Anticipatory

Bail. In view thereof, the following order is passed:

ORDER

(a) In the event of arrest of the Applicant-Mandar Suresh

Mali in connection with C.R. No.466 of 2026

registered with the Yavat Police Station, Pune, the

Applicant is directed to be released on bail on his

furnishing P.R. Bond in the sum of Rs.1,00,000/- with

one or two solvent sureties in the like amount.

(b) The Applicant shall attend the concerned Police

Station on 14th October 2026 and 15th October 2026

between 11:00 a.m. to 02:00 p.m. and shall cooperate

with the investigation.

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920-ABA-2458-2026.DOC

Station once in a month on 1st Sunday between 11:00

a.m. to 02:00 p.m. till conclusion of the trial.

(d) The Applicant shall furnish his cell phone number and

residential address to the Investigating Officer and

shall keep the same updated, in case of any change

thereto.

(e) 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.

(f) The Applicant shall not tamper with the prosecution

evidence and shall not contact or influence the

Complainant or any witness in any manner.

(g) The Applicant shall not leave India without prior

permission of the Court.

8. The Anticipatory Bail Application is disposed of accordingly.

Digitally
signed by
SONALI [MADHAV J. JAMDAR, J.]
SONALI MILIND
MILIND PATIL
PATIL Date:
2026.10.03
17:04:32
+0530

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