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Bombay High Court

SAYALI RAJARAM SARFAREversusTHE STATE OF MAHARASHTRA

Disposal
Allowed

Holding

The court allowed the anticipatory bail application, imposing conditions and waiving custodial interrogation.

Summary

The petitioner, Sayali Rajaram Sarfare, sought anticipatory bail in connection with Crime No. 144 of 2024 registered at Kudal Police Station. The State argued that the applicant had not initially cooperated with the investigation, prompting orders directing her to appear before the Economic Offences Wing and later the investigating officer. The applicant complied with the directions, appearing on the stipulated dates and offering further cooperation. The court considered whether custodial interrogation was necessary, taking into account the applicant's gender, and examined the adequacy of the applicant's cooperation. Finding that the applicant had cooperated and that custodial interrogation was not required, the court granted anticipatory bail subject to strict conditions, including a personal bond, sureties, and obligations to report and not tamper with evidence. The application was disposed by granting bail on the stipulated terms.

Issues considered

  • Whether anticipatory bail should be granted to the applicant in Crime No. 144 of 2024.
  • Whether custodial interrogation is required given the applicant's gender and cooperation.
  • What conditions, if any, should be imposed on the grant of anticipatory bail.

Subjects

  • anticipatory bail
  • criminal procedure
  • gender considerations
  • investigation cooperation
  • bail conditions
  • Economic Offences Wing
  • Crime No. 144 of 2024
  • Maharashtra

Judgment

                                                                                    38 - ABA - 663 - 2025.doc


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIRCUIT BENCH AT KOLHAPUR
       Digitally
       signed by
       VAIBHAV
VAIBHAV RAMESH
                                      CRIMINAL APPELLATE JURISDICTION
RAMESH JADHAV
JADHAV Date:
       2026.10.06
       14:43:32
       +0530


                          CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 663 OF 2025

                    Sayali Rajaram Sarfare                                  … Applicant
                                 Versus
                    The State of Maharashtra & Anr.                         … Respondents
                                                 ----
                    Mr. Harshad Bhadbhade with Shweta Ozja, Siddharth
                    Mehta, Shubham Gangan and Aarya Ambulkar for the
                    Applicant.
                    Dr. A. A. Takalkar, APP for the State.
                    Mr. Rahul Patil for Respondent No.2 (Appointed through
                    Legal Aid).
                    Jagtap, PI, EOW Sindhudurg, is present.

                                                        -------
                                                       CORAM         : ASHWIN D. BHOBE, J.

                                                       DATED         : OCTOBER 5, 2026
                    P.C.:


                    1.      Heard Mr. Harshad Bhadbhade, learned Advocate for the

                    Applicant, Dr. A. A. Takalkar, learned APP for the State and Mr. Rahul

                    Patil, learned Advocate for Respondent No.2.


                    2.      On 24th July 2026, the following order was passed:


                            “1.     The learned APP informs that despite the interim order directing the
                            Applicant to cooperate with the investigation, the Applicant has not submitted
                            the relevant documents necessary for completing the investigation.

                            2.     The learned Counsel Mr. Harshad Bhadbhade appearing for the
                            Applicant, strongly opposes the statement made by the learned APP. He,
                            however, submits that whatever documents are required shall be provided by
                            the Applicant, if the same are available with her.




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      3.      In view of the above, it would be expedient, in the interest of justice,
      to direct the Applicant to attend the Economic Offences Wing, Sawantwadi,
      and to cooperate with the Investigating Officer by submitting the necessary
      documents.

      4.     The Applicant shall attend the Economic Offences Wing, Sawantwadi,
      on 27.07.2026 and 28.07.2026 between 11:00 a.m. and 02:00 p.m.

      5.     Stand over to 05.08.2026.

      6.     Interim relief if any, to continue till then.”



3.    On 28th August 2026, the following order was passed:


      “1.     Dr. A. A. Takalkar, learned APP for the Respondent – State, on
      instructions from the Investigating Officer, Kudal Police Station, states that
      the presence of the Applicant is required for investigation in Crime No. 144 of
      2024. She states that the Applicant be directed to appear before the
      Investigating Officer, Kudal Police Station, in Crime No. 144 of 2024 on 1st,
      2nd, 3rd and 4th September, 2026 from 10:00 am to 1:00 pm.

      2.      Mr. Harshad Bhadbhade, learned Advocate for the Applicant, on
      instructions from the Applicant, states that the Applicant shall appear before
      the Investigating Officer, Kudal Police Station, on the said dates and shall co-
      operate with the investigation in Crime No. 144 of 2024.

      3.     The statement made by Mr. Harshad Bhadbhade, learned Advocate for
      the Applicant, on instructions from the Applicant, is accepted.

      4.     In view of the above, list this Application on 09.09.2026”


4.    Mr. Harshad Bhadbhade, learned Advocate for the Applicant,

states that the Applicant has appeared before the Investigating Officer

on the dates fixed and has cooperated with the investigation in Crime

No. 144 of 2024. He further states that the Applicant shall continue to

cooperate with the Investigating Officer and appear before him as and

when required.


5.    Dr. A. A. Takalkar, learned APP for the State, on instructions from




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the Investigating Officer, Kudal Police Station, states that the Applicant

has appeared at the Police Station.


6.    In view of the statements made by Mr. Harshad Bhadbhade,

learned Advocate for the Applicant and considering the Applicant's

gender, the custodial interrogation of the Applicant is not required in

Crime No. 144 of 2024. This Application is therefore allowed on the

following terms:


      a)    In the event of arrest of the Applicant in Crime No. 144 of

      2024 registered with Kudal Police Station, the Applicant shall be

      released on bail upon furnishing a PR bond in the sum of Rs.

      50,000/-, with two sureties in the like amount to the satisfaction

      of the Investigating Officer, Kudal Police Station.


      b)    The Applicant shall appear and report to the Investigating

      Officer, Kudal Police Station, on 12 th , 13th , 14th , and 15th

      October 2026 from 10:00 a.m. to 1:00 p.m. and thereafter, as and

      when required by the Investigating Officer. The Applicant shall

      cooperate with the Investigating Officer in the process of

      investigation of Crime No. 144 of 2024.


      c)    The Applicant shall not directly or indirectly make any

      inducement, threat or promise to any person/s acquainted with

      the facts of the case to dissuade such person/s from disclosing




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      those facts to the Court or any police officer.


      d)    The Applicant shall not tamper with evidence in any

      manner.


      e)    The Applicant shall provide the Investigating Officer, Kudal

      Police Station, 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.


7.    Anticipatory Bail Application No. 663 of 2025 is disposed .




                                            (ASHWIN D. BHOBE, J.)




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