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Bombay High Court

ALKA SURESH KORDE AND ANRversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The court held that anticipatory bail should be granted as custodial interrogation is not required, subject to a personal bond and sureties.

Summary

The High Court considered an anticipatory bail application filed by Alka Suresh Korde, who feared arrest in Crime No. 71/2026 for offences under the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that she, along with co‑accused, assaulted a first informant with intent to kill, while the defence contended that the only allegation against her was verbal abuse and that custodial interrogation was unnecessary. The court examined the FIR, the nature of the allegations, and the need for interrogation, concluding that the allegations did not justify denial of bail. Accordingly, the court granted anticipatory bail on the condition of a Rs.30,000 personal bond with one or two sureties and directed her to cooperate with police as required. The interim application to withdraw the second applicant was also disposed, and the court emphasized that the trial court would decide the case on its merits.

Issues considered

  • Whether anticipatory bail should be granted to the applicant in view of the allegations under the Bharatiya Nyaya Sanhita.
  • Whether custodial interrogation of the applicant is required under the circumstances.
  • Whether the conditions imposed for bail are appropriate and sufficient.

Legislation cited

Subjects

  • anticipatory bail
  • custodial interrogation
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • bail conditions
  • assault
  • attempt to murder

Judgment

                                                                       22-ABA-697-2026 (CR).doc


Tikam


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION

                            ANTICIPATORY BAIL APPLICATION NO. 697 OF 2026
                                       Alka Suresh Korde and anr.
VAISHALI                                         Versus
ANIL
TIKAM                                   The State of Maharashtra
                                                  With
Digitally signed                INTERIM APPLICATION NO. 1095 OF 2026
by VAISHALI
ANIL TIKAM
Date:
                                                    IN
2026.08.04                  ANTICIPATORY BAIL APPLICATION NO.697 OF 2026
12:01:55 +0530



                                            Sachin Dhanaji Aatole
                                                    Versus
                                           The State of Maharashtra

                   _________________________________________________________________

                   Mr. Rahul S. Kulkarni a/w. Mr. S.S. Kulkarni and Sandeep Mahadik
                   Advocate for Applicants (in ABA 697 of 2026)
                   Mr. S.R. Agarkar, APP for Respondent-State.
                   Mr. Sarang Satish Aradhye, for Intervenor.
                   _________________________________________________________________

                                                      CORAM      :    SHIVKUMAR DIGE, J.
                                                      DATE       :    31st JULY, 2026.
                   P.C. :

                   1.        Heard learned counsel for the Applicants, learned APP and

                   learned counsel for Respondent No.2.

                   2.        Learned counsel for the Applicants, on instructions, seeks leave

                   to withdraw application for Applicant No.2.

                   3.        Considering his submissions, leave granted. Application is

                   allowed to be withdrawn for Applicant No.2, dismissed and disposed of.




                                                  Page 1 of 3
                                                            22-ABA-697-2026 (CR).doc


Tikam


        4.         The Applicant No.1 is apprehending arrest in Crime No.

        71/2026 registered with Baramati Police Station, Pune City for the offence

        punishable under Sections 140(4), 118(2), 115(2), 351(2), 351(3), 352,

        189(1), 191(2), 191(3) and 190 of the Bharatiya Nyaya Sanhita, 2023

        (BNS).

        5.         It is prosecution's case that on 11/02/2026, around 3.30 p.m.

        applicant No.1 and co-accused assaulted the first informant with intention

        to kill him on the ground that he was not attending the work.

        6.         It is contention of learned counsel for the Applicant No.1 that

        the allegations against Applicant No.1. that she abused the first informant.

        Except that, there are no other allegations against Applicant No.1. She is

        lady. Hence custodial interrogation of Applicant No.1 is not required and

        requested to allow the Application.

        5.         It is contention of learned APP along with learned counsel for

        Respondent No.2 that Applicant and co-accused brutely assaulted the first

        informant with intention to kill him.      Applicant No.1 was part of the

        group, who brutely assaulted the first informant. She is mother of accused

        No.1. There is active involvement of Applicant No.1.       Considering the

        allegations against Applicant No.1, her custodial interrogation is required

        and requested to allow the application.

        6.         I have heard all learned counsel.        Perused the FIR and


                                        Page 2 of 3
                                                               22-ABA-697-2026 (CR).doc


Tikam


        documents produced on record.        The main allegations in the FIR are

        against the co-accused.   The allegation against Applicant No.1 is that she

        abused the first informant. Considering the allegations against Applicant

        No.1, her custodial interrogation is not required and I pass following order:

                                          ORDER

        (i)        In the even of arrest, the applicant be enlarged on bail in Crime

        No. 71/2026 registered with Baramati Police Station, Pune City, on

        executing P.R. Bond in the sum of Rs.30,000/- with one or two sureties in

        the like amount.

        (ii)       The applicant shall attend the concerned police station as and

        when required.

                   The application is allowed in above terms and stands disposed

        of. Pending interim application is also disposed of.

        7.         It is made clear that the above observations are made only for

        the purpose of granting bail and the Trial Court shall decide the case on its

        own merits in accordance with law and uninfluenced by the observations

        made in this order.

        8.         All concerned to act on the authenticated copy of this order.



                                                       (SHIVKUMAR DIGE, J.)




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