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Bombay High Court

RAJUBAI BIBHISHAN SALGUDEversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal
Allowed

Holding

The Court granted anticipatory bail to the applicant with specified conditions.

Summary

Mrs. Rajubai Bibhishan Salgude applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a case (Crime No. 0219 of 2026) involving alleged assault on an informant and his mother. The offences alleged are under Sections 191(3), 191(2), 190, 189(2), 352, 351(2), 115(2), 118(1) and 118(2) of the Bharatiya Nyaya Sanhita, 2023. The applicant’s counsel argued that the investigation is complete, no weapon was used, and custodial interrogation is unnecessary, especially as the applicant is a woman. The State opposed, seeking stringent conditions if bail were to be granted. The Court, noting the completed investigation and the nature of the allegations, allowed the anticipatory bail with conditions including a personal bond, sureties, furnishing of address, non‑interference with evidence, and regular appearance before the trial court.

Issues considered

  • Whether anticipatory bail should be granted to the applicant under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the completed investigation and the nature of the alleged offences.
  • Whether any special conditions should be imposed on the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita
  • Bharatiya Nyaya Sanhita
  • assault
  • gender considerations
  • criminal procedure

Judgment

                                                        11-ABA-445-2026 (CR).docx


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIRCUIT BENCH AT KOLHAPUR

                   CRIMINAL APPELLATE JURISDICTION

            CR. ANTICIPATORY BAIL APPLN. NO. 445 OF 2026

Mrs. Rajubai Bibhishan Salgude                       … Applicant
                   Versus.
The State Of Maharashtra And Anr.                    … Respondents


                                    -----
Mr. Gaurav Kalekar i/b. Mr. Shubham Vasekar for the Applicant.
Ms. Mahalakshmi Ganpathy, A.P.P. for the Respondents-State.
                                   -------

                                 Coram :      ASHWIN D. BHOBE, J.

                                 Date     :   11th August 2026.

PER COURT :


1.    Heard Mr. Gaurav Kalekar, learned Advocate for the Applicant and Ms.

Mahalakshmi Ganpathy, learned A.P.P. for the Respondents-State.


2.    By the present Application filed under Section 482 of the Bharatiya

Nagarik Suraksha Sanhita, 2023, the Applicant seeks pre-arrest bail

apprehending arrest in Crime No. 0219 of 2026, dated 16.03.2026, registered

at Karmala Police Station, District Solapur Rural, for offences punishable

under Sections 191(3), 191(2), 190, 189(2), 352, 351(2), 115(2), 118(1)

and 118(2) of the Bharatiya Nyaya Sanhita, 2023.


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3.      Mr. Gaurav Kalekar, learned Advocate for the Applicant, states that

there are five (5) accused in Crime No. 0219 of 2026. He submits that the

dispute stems from a previous enmity. He submits that the allegations against

the Applicant in Crime No. 0219 of 2026 are that the Applicant assaulted the

Informant with fists and kicks and further pushed the mother of the

Informant. He submits that the Applicant is neither alleged to have used any

weapon / sharp-edged weapon in the assault referred to in Crime No. 0219 of

2026.


4.      Mr Gaurav Kalekar, learned Advocate for the Applicant, states that the

investigation is complete and the case is registered as R.C.C. No. 212 of 2026

on the file of the Judicial Magistrate First Class, Karmala, District Solapur.


5.      Ms. Mahalakshmi Ganpathy, learned A.P.P., submits that upon

investigation, the charge-sheet has been filed before the Court having

jurisdiction. She further submits that if the Court is inclined to grant pre-

arrest bail, stringent conditions, in addition to the normal conditions, be

imposed on the Applicant.


6.      Perused the records.


7.      From the allegations in Crime No. 0219 of 2026, it appears that there

is a dispute between the Applicant's family and the Informant's family. Given

that the Applicant is a woman and the nature of the allegations against her,


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the investigation being complete, custodial interrogation of the Applicant is

not necessary.


8.     In view of the above, this Application is allowed on the following terms

and conditions :-


                                    ORDER

      (a)   In the event of arrest of the Applicant in Crime No. 0219 of

            2026, dated 16/03/2026, registered with Karmala Police

            Station, District Solapur Rural, the Applicant shall be released

            on bail on furnishing P.R. Bond in the sum of Rs.50,000/-

            (Rupees Fifty Thousand Only) with one or two sureties in the

            like amount to the satisfaction of the Investigation Officer,

            Karmala Police Station, District Solapur Rural.



      (b)   The Applicant shall provide the Investigating Officer with her

            residential address along with proof, her contact number and

            must inform the Investigating Officer of any changes to this

            information from time to time.



      (c)   The Applicant shall not, directly or indirectly, make any

            inducement, threat, or promise to any person acquainted with




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                                  the facts of the case to dissuade such person from disclosing

                                  the facts to the Court or any police officer.



                         (d)     The Applicant shall not tamper with the evidence, in any

                                  manner.



                         (e)     The Applicant shall regularly appear before the Trial Court.




                   9.         The Anticipatory Bail Application No.445 of 2026 is disposed off.




                                                              [ ASHWIN D. BHOBE, J. ]




           Digitally signed
           by OMKAR
           SHIVAHAR
OMKAR      KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
           2026.08.12
           10:20:49
           +0530




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