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Bombay High Court

SUNNY SHIRISH MISALversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The court granted bail to the applicant, finding no sufficient ground to deny it.

Summary

The applicant, Sunny Shirish Misal, was arrested in connection with Crime No. 47 of 2026 for an alleged offence under Section 69 of the Bharatiya Nyaya Sanhita, 2023, relating to a dowry dispute with the complainant, a 29‑year‑old woman he was engaged to marry. The complainant alleged that the applicant demanded dowry, but the amounts claimed varied across statements (Rs. 1 lakh, Rs. 50,000, and later Rs. 10 lakh). The court examined WhatsApp messages showing the complainant’s awareness of her actions and found no evidence of violence, hurt, or coercion. Considering the mature age of the complainant, the voluntary nature of the relationship, and the lack of a clear risk of tampering, the court concluded that bail could be granted, subject to strict conditions. The bail order directed the applicant’s release on a personal bond of Rs. 25,000 with sureties and imposed reporting, non‑tampering, and travel restrictions, while expressly stating that the order was limited to bail and not a determination on the merits.

Issues considered

  • What is the appropriate bail jurisprudence for an offence under Section 69 of the Bharatiya Nyaya Sanhita, 2023?
  • Whether the applicant poses a risk of influencing witnesses or tampering with evidence?
  • Whether the inconsistencies in the dowry demand amounts affect the prima facie case for denial of bail?

Legislation cited

Subjects

  • bail
  • dowry harassment
  • Section 69
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • evidence tampering
  • personal bond

Judgment

                                                                                              39-BA---2997-26.doc

          rsk

                                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                       CRIMINAL APPELLATE JURISDICTION


                                                 BAIL APPLICATION NO.2997 OF 2026

                              Sunny Shirish Misal                                        .. Applicant
                                         Versus
                              The State of Maharashtra                                   .. Respondent

                                                          ....................
                               Mr. Vishwajeet M. Patil a/w. Ms. Ashwini V. Raut, Mr. Ajay B. Patil
                                i/b. Mr. Omkar S. Bamdale, Advocates for Applicant.
                               Mr. Amit A. Palkar, APP for the Respondent-State.
                                                               ...................

                                                              CORAM : MILIND N. JADHAV, J.
                                                              DATE          : SEPTEMBER 18, 2026
                              P.C.:

                              1.      Heard Mr. Patil, learned Advocate for Applicant and Mr. Palkar,

                              learned APP for Respondent – State.


                              2.      By this application, the Applicant is seeking regular bail in Crime

                              No. 47 of 2026 registered with Lonavala Police Station, Pune, for the

                              offence punishable under Section 69 of the Bharatiya Nyaya Sanhita,

                              2023.


                              3.      The Applicant in the present case is 34 years old whereas the

           Digitally signed
           by                 prosecutrix is 29 years old. They were engaged to get married. Both
RAJESHWARI RAJESHWARI
           SUBODH
SUBODH     KARVE
KARVE      Date:
           2026.09.19
           17:34:09 +0530
                              families were also involved. They met each other on Shaadi.com and

                              thereafter had regular meetings and for a period of almost 11 months

                              went out together. Complaint has been filed on the premise of a

                              singular incident on 23.06.2025 in Lonavala where Complainant


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                                                          39-BA---2997-26.doc


accompanied the Applicant. Prima facie statements which recorded by

the investigating agency show that allegation of dowry is at the centre

of the break-up. However, in the statements which are recorded of the

relatives of the prosecutrix viz., her mother and sister, it is seen that

initially according to prosecution rupees one lakh was demanded,

however in another statement the said figure is stated to be

Rs.50,000/- but in the supplementary statement recorded that at the

time of filing of FIR after almost after 9 months of the incident in

question, the dowry figure is stated to be Rs.10 Lakhs.


4.   I have perused the WhatsApp material which is appended to the

application in question and reading the same reflects that Respondent

No.2 was completely aware about her actions as also the consequences.

There is no evidence of violence, hurt or abuse as can be seen from the

material which has been placed on record and therefore considering

the mature age of prosecutrix and she willingly accompanying the

Applicant regularly as per her own statement for 11 months, Applicant

has made out a case for grant of bail. The complicity of the Applicant

in the crime in question can be proved at trial. In view of the above,

the following order is passed:-


          (i)   Applicant - Sunny Shirish Misal is directed to be

          immediately released from prison in connection with Crime

          No.47 of 2026;



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                                                39-BA---2997-26.doc


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

furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five

Thousand only) with one or two sureties in the like amount;

(iii) Applicant shall report to the Investigating Officer at

Lonavala Police Station, once every month on the first

Sunday of the month between 10:00 a.m. to 11:00 a.m. until

commencement of trial and thereafter shall attend all dates

of hearing before the Trial Court;

(iv) Applicant shall co-operate with the conduct of trial and

attend the Trial Court on all dates, unless specifically

exempted and will not take any unnecessary adjournments,

if he does so it will entitle the prosecution to apply for

revocation of this order;

(v) Applicant shall not leave the State of Maharashtra

without prior permission of the Trial Court;

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

or tamper with the evidence in any manner;

(vii) Applicant shall keep the Investigating Officer informed

of his current address and mobile contact number and / or

change of residence or mobile details, if any, from time to

time, as applicable; and

(viii) Any infraction of the conditions shall entail cancellation

of bail granted to the Applicant.

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      5.        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.


      6.        Bail Application is allowed and disposed in the above

      terms.


rsk                                            [ MILIND N. JADHAV, J. ]




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