Bombay High Court

PRANALI PRALHAD NAIKversusTHE STATE OF MAHARASHTRA

Decided: 29 September 2026
Disposal: Allowed

Holding

Bail is granted because the prosecution failed to justify the arrest and no prima facie case was established against the accused.

Summary

The Bombay High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for the accused Pranali Pralhad Naik, who was charged with murder of her mother under Sections 103(1), 61(2), 3(5) and 238 of the Bharatiya Nyaya Sanhita, 2023. The prosecution could not produce any material justifying her arrest, noting that the key witness statement was recorded a day after the FIR and that Naik was not named as an accused in the initial complaint. The court observed that the prosecution had failed to establish a prima facie case or motive beyond an unsubstantiated allegation that she hired other accused. Consequently, the court granted regular bail subject to a personal bond of Rs.15,000 and several conditions, while expressly stating that the order was limited to bail and not on the merits of the case.

Issues considered

The prosecution's failure to produce material justifying the arrest of the accused.
Whether the allegations against the accused constitute a prima facie case for denial of bail.
Applicability of Section 483 of the BNSS, 2023 for granting regular bail in murder charges.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238, 3(5), 61(2)

Subjects

bail
criminal procedure
arrest justification
prima facie case
murder
BNSS 2023
BNS 2023
conditions of bail

Judgment

57.BA.2506.2026.doc

Ajay

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO. 2506 OF 2026

Pranali Pralhad Naik .. Applicant
Versus
State of Maharashtra .. Respondent
....................
 Mr. Sahil S. More, Advocate for Applicant.
 Mr. Amit K. Mundhe, APP for Respondent – State.
 AP – Mr. Sunil Wagh, Panvel City Police Station present.
......…........…
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 29, 2026.

P.C.:

1. Heard Mr. More, learned Advocate for Applicant and Mr.

Mundhe, learned APP for Respondent – State.

2. This is an Application under Section 483 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking regular bail

in connection with C.R.No.564 of 2024 registered with Panvel City

Police Station for offences punishable under Sections 103(1), 61(2),

3(5) and 238 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’).

The First Information Report is filed on 15.09.2024 and Applicant

came to be arrested on the same day.

3. Applicant is arraigned as Accused No.3 for committing

murder of her own mother. There are two other accused persons in the

crime. Initially, the FIR was lodged on 15.09.2024 against unknown

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persons on the basis of the body of the mother having been found, but

Applicant has been arrested on the same date.

4. On a specific question being put to the prosecution with

regard to the material before the prosecution for arresting Applicant,

the prosecution is unable to show the same, though it is argued that on

the basis of a witness statement, copy of which is appended at page

No.131 of a local panipuri wala, the prosecution had taken the said

step.

5. However, it is prima facie seen that the said statement of the

witness was not recorded on 15.09.2024, but it was recorded on the

following day. The prosecution has not been able to show any material

whatsoever to the Court to justify the arrest of Applicant when the

Applicant was not even named as an accused person in the crime.

6. Applicant before me is the daughter of the deceased. It is

alleged by prosecution that she hired Accused No.1 who is a baba and

Accused No.2 his friend to eliminate her mother. Save and except this,

there is no other motive which has been placed before the Court at the

threshold for consideration of the present Bail Application by the

prosecution. Applicant is in incarcerated for the past 2 years and 13

days. Applicant has however made out a clear case for grant of bail.

7. Hence, in view of above prima facie observations and

findings, Bail Application of Applicant is allowed subject to the

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following terms and conditions:-

(i) Applicant – Pranali Pralhad Naik is directed to be

immediately released from prison in connection with

CR. No.564 of 2024;

(ii) Applicant is directed to be released on bail on

furnishing P.R. Bond of Rs.15,000/- (Rs. Fifteen

Thousand only) with one or two sureties in the like

amount;

(iii) Applicant shall report to the Investigating Officer at

Panvel City Police Station, once every month, on the

first Sunday of the month between 10:00 a.m. to 12:00

p.m. until commencement of trial and thereafter shall

attend all dates of hearing before the Trial Court;

(iv) Applicant shall cooperate with the conduct of the trial

and remain present before the Trial Court on all dates,

unless specifically exempted. Applicant shall not seek

unnecessary adjournments. Any such conduct shall

entitle the prosecution to apply for cancellation of bail;

(v) Applicant shall not leave the State of Maharashtra

without prior permission of the Trial Court;

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(vi) Applicant shall not influence any of the witnesses or

tamper with the evidence in any manner;

(vii) Applicant shall keep the Investigating Officer informed

of her current residential address and mobile telephone

number and shall forthwith inform the Investigating

Officer of any change in her residential address or

mobile telephone number, as and when such change

occurs; and

(viii)Any breach or infraction of any of the aforesaid

conditions shall entail cancellation of the bail granted to

the Applicant.

8. It is clarified that the observations made in this order are

limited for the purpose of granting bail only and I have not made any

observations on merits of the case. The trial shall be adjudicated on

the strength of the evidence led and strictly on its own merits being

uninfluenced with any of the prima facie observations made

hereinabove in this order.

9. Bail Application is allowed and disposed in the above terms.

[ MILIND N. JADHAV, J. ]

Ajay
Digitally signed
by AJAY
AJAY TRAMBAK
TRAMBAK UGALMUGALE
UGALMUGALE Date: 2026.09.29
19:39:52 +0530

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