Bombay High Court

MAYURI MANGESH SURVEversusSTATE OF MAHARASHTRA

Decided: 4 March 2026
Disposal: Disposed Off
Bench: N R BORKAR

Holding

Anticipatory bail is granted as the allegations are based merely on suspicion and the applicant has no prior criminal record.

Summary

Mayuri Mangesh Surve applied for anticipatory bail fearing arrest in Crime No.622 of 2025 for alleged theft of a Mangalsutra worth Rs.9,87,972. The offences alleged were under Sections 3(5) and 305(a) of the Bharatiya Nyaya Sanhita, 2023. The applicant, a family friend of the first informant, claimed she was implicated solely on suspicion and had no prior criminal record. The State argued that custodial interrogation was necessary and bail should not be granted. The Court, after reviewing the FIR, found the suspicion insufficient to deny bail and ordered that anticipatory bail be granted with a surety bond and conditions to cooperate with the investigation.

Issues considered

Whether anticipatory bail should be granted when the accusation is based only on suspicion and the applicant has no prior criminal antecedents.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 305(a), 3(5)

Subjects

anticipatory bail
bail
suspicion
theft
Bharatiya Nyaya Sanhita
criminal procedure

Judgment

                                      1                  18-ABA 542-26.doc



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION

              ANTICIPATORY BAIL APPLICATION NO.542 OF 2026

Mayuri Mangesh Surve                            … Applicant
      Vs.
State of Maharashtra                            … Respondent
                                    -----
Mr. Shivraj Kunchge for the Applicant.
Mr. V. N. Sagare, APP for the Respondent-State.
PSI Swapnil S. K., Agripada PS is present.
                                    -----

                                   CORAM :      N.R. BORKAR, J.
                                   DATE    :    04TH MARCH 2026
P.C. :

1.       This is an Application for anticipatory bail.

2.       The Applicant is apprehending her arrest in Crime No.622 of 2025
registered with Agripada Police Station for the offences punishable under
Sections 3(5), 305(a) of the Bharatiya Nyaya Sanhita, 2023.

3.       The allegations against the Applicant, who was family friend of the
first informant, and other co-accused are that they stole the Mangalsutra
of the first informant worth Rs.9,87,972/- from her residence.

4.       I have heard Learned Counsel for the Applicant and Learned APP for
the Respondent-State.

5.       Learned Counsel for the Applicant submits that the Applicant has
nothing to do with the alleged crime. It is submitted that only on the basis
of suspicion, the Applicant came to be implicated in the crime in question.



     Mugdha                                                                  1 of 2
                                      2               18-ABA 542-26.doc



6.         On the other hand, Learned APP for the Respondent-State submits
that to recover the stolen Mangalsutra, the custodial interrogation of the
Applicant is necessary. It is submitted that considering the nature of crime,
the Applicant may not be released on anticipatory bail.

7.         I have perused the FIR. Prima facie there appears to be substance in
the submission of the Learned Counsel for the Applicant that only on the
basis of suspicion, the Applicant came to be implicated in the crime in
question. There are no other criminal antecedents against the present
Applicant. In that view of the matter, I am inclined to release the Applicant
on anticipatory bail. Hence, the following order:-
                                          ORDER

      i.    The Anticipatory Bail Application is allowed.

      ii. In the event of the arrest of the Applicant in Crime No.622 of
          2025 registered with Agripada Police Station for the offences
          punishable under Sections 3(5), 305(a) of the Bharatiya
          Nyaya Sanhita, 2023, he shall be released on bail on
          furnishing a PR Bond in the sum of Rs.25,000/- (Rupees
          Twenty Five Thousand Only) with one or two sureties in the
          like amount.

      iii. The Applicant shall attend the concerned Police Station as and
           when called by the investigating officer and shall co-operate in
           the investigation.

8.         The Anticipatory Bail Application is disposed of in the aforesaid
terms.

                                                (N.R. BORKAR, J.)




     Mugdha                                                                   2 of 2

Continue reading with your account

Checking your session…